The ISDA March 2013 D-F Protocol (the “DF Protocol 2.0”) is part of ISDA’s Dodd-Frank Documentation Initiative aimed at assisting the industry in implementing and complying with the regulatory requirements imposed under Title VII of the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). In order to facilitate implementation of Dodd-Frank rulemakings, ISDA plans to launch future Protocols to simplify documentation changes for upcoming CFTC and SEC final rules, as well as changes under EMIR, MiFiD and MiFIR.
The DF Protocol 2.0 is intended to facilitate industry compliance with three final rulemakings by allowing market participants to (i) supplement the terms of existing written agreements under which parties may execute Swaps or (ii) enter into an agreement to apply selected Dodd-Frank compliance provisions to their trading relationship in respect of Swaps. The DF Protocol 2.0 adds notices, representations and covenants responsive to Dodd-Frank requirements that must be satisfied at or prior to the time that Swap transactions are offered and executed. Also, the DF Protocol 2.0 includes additional bilateral delivery requirements, including a Protocol Questionnaire, to allow counterparties to make certain elections related to their Swap trading relationship under Dodd-Frank.
Please refer to the "Frequently Asked Questions" below for more information on the Protocol’s substance.
The Protocol is open to ISDA members and non-members. Parties will pay a one-time fee of $500 to ISDA to adhere to the Protocol. There is no cut-off date to this Protocol. ISDA does, however, reserve the right to designate a cut-off date by giving 30 days notice on this site.
Following are ANNOTATED versions of ISDA March 2013 DF Protocol Documentation below: Protocol Agreement, Supplement , Questionnaire.