Isda March 2013 Df Protocol Master Agreement

Annex 1 of the DF Supplements is mandatory for the Contracting Parties and contains the contractual conditions defined. Like the DF protocol, parties can use the online system „ISDA Amend” to submit documents and questionnaires and exchange with counterparties. The questionnaire is possible from 24 May 2013. There is no deadline for compliance. As with the DF protocol, ISDA is entitled to a fee of $500 to comply with the DF protocol 2.0. The International Swaps and Derivatives Association (ISDA) published in the fall of 2012 the August 2012 Dodd-Frank Protocol (the August Protocol), followed by the March 2013 Dodd-Frank Protocol (the „March Protocol” and, together with the August Protocol, the „DF Protocol”). The introduction of DF protocols has led many Canadian market participants to question what the protocols are, how they work, what their effects are on them and whether they should (or must) comply with DF protocols. This Bulletin addresses these issues in the introduction and also discusses in detail the date of compliance of certain external conduct rules on May 1, 2013. Swaps and significant participants in exchanges must comply with the relevant rules that will be addressed in the 2013 Protocol no later than July 1, 2013. Therefore, the Contracting Parties must conclude the 2013 Protocol by 1 July 2013 in order to avoid any disruption of trade with their counterparties. In order to comply with the rules adopted by the CFTC under Title VII of Dodd-Frank, the new requirements for documenting trade between CFTC-regulated companies (i.e.: Swap („SD”) transactions and large swap participants („MSPs”) and their counterparties (these rules introduce „STRD rules”). [1] Companies regulated by the CFTC may be required to supplement existing documents or enter into written agreements providing, among other things, the terms of the parties` payment commitment in respect of such a swap. The STRD rules require regulated companies of the CFTC and their counterparties to agree in writing on (i) a procedure „to determine the value of each swap at any time”,[2] (ii) either an alternative method of determination or a dispute resolution procedure concerning those valuations,[3] and (iii) a portfolio voting process.

[4] REGULATION CFTC 23.501 sets deadlines within which swaps and major exchange participants must execute confirmations for swap operations. Section 2.4 of Annex 2 contains an agreement between the parties that, when they exchange confirmation matching conditions by an electronic matching service under which the conditions are confirmed by the parties or by a third party or service provider, this method of confirmation constitutes effective performance within the meaning of CFTC Regulation 23.501. . .