ISDA August 2012 DF Protocol Questionnaire

More documents

Recommendations

Info

Cadwalader, Wickersham & Taft LLPDraft October 8,11, 2012Attorney-Client Work ProductFor discussion purposes onlycounterparty to such Matched PCA is a party other than a RegulatedSwap Entity or a Special Entity, does PCA Principal agree tosupplement the terms of such Matched PCA by incorporating thereinDF Schedule 3 (Institutional Suitability Safe Harbor for Non-SpecialEntities)?(ii)To answer this question, complete column 12 of the relevant row ofthe PCA Principal Answer Sheet by inserting a “Yes” or a “No,” asappropriate:With respect to a Matched PCA in respect of which thisQuestionnaire has been executed and delivered, if PCA Principal’scounterparty to such Matched PCA is a Special Entity that is not anERISA Special Entity, does PCA Principal agree to supplement theterms of such Matched PCA by incorporating therein DF Schedule 4(Safe Harbors for Non-ERISA Special Entities)?(iii)To answer this question, complete column 13 of the relevant row ofthe PCA Principal Answer Sheet by inserting a “Yes” or a “No,” asappropriate:With respect to a Matched PCA in respect of which thisQuestionnaire has been executed and delivered, if PCA Principal’scounterparty to such Matched PCA is an ERISA Special Entity, doesPCA Principal agree to supplement the terms of such Matched PCAby incorporating therein DF Schedule 5 (Safe Harbors for ERISASpecial Entities (Option 1))?(iv)To answer this question, complete column 14 of the relevant row ofthe PCA Principal Answer Sheet by inserting a “Yes” or a “No,” asappropriate:With respect to a Matched PCA in respect of which thisQuestionnaire has been executed and delivered, if PCA Principal’scounterparty to such Matched PCA is an ERISA Special Entity, doesPCA Principal agree to supplement the terms of such Matched PCAby incorporating therein DF Schedule 6 (Safe Harbors for ERISASpecial Entities (Option 2))?(c)To answer this question, complete column 15 of the relevant row of the PCAPrincipal Answer Sheet by inserting a “Yes” or a “No,” as appropriate:Is PCA Principal a Security-Based Swap Dealer?-17-
Cadwalader, Wickersham & Taft LLPDraft October 8,11, 2012Attorney-Client Work ProductFor discussion purposes only4. Major Swap Participants 36This Part III, Section 4 must be completed by, or on behalf of, all PCA Principals otherthan (i) for Section 4(a), Swap Dealers and (ii) for Section 4(b), Security-Based SwapDealers.(a)To answer this question, complete column 16 of the relevant row of the PCAPrincipal Answer Sheet by inserting a “Yes” or a “No,” as appropriate:Is PCA Principal a Major Swap Participant?(b)To answer this question, complete column 17 of the relevant row of the PCAPrincipal Answer Sheet by inserting a “Yes” or a “No,” as appropriate:Is PCA Principal a Major Security-Based Swap Participant?5. Financial Entity 37This Part III, Section 5 must be completed by, or on behalf of, any PCA Principal that isnot a Regulated Swap Entity. The purpose of this question is to permit a PCA Principalwho is able to specify whether or not it is a “financial entity,” as such term is defined bystatute, to inform its counterparty of such status.If PCA Principal does not wish to make any representation at this time as to whether it isa “financial entity,” it may insert “No Answer.” If PCA Principal responds with “NoAnswer,” a Swap Dealer receiving this Questionnaire may be required to (i) inquirefurther prior to entering into Swaps with PCA Principal in order to satisfy tradereporting requirements and/or (ii) assume, for the purposes of relevant statutory andregulatory exclusions and safe harbors, that PCA Principal may be a “financial entity,”until PCA Principal provides sufficient evidence demonstrating that it is not a “financialentity.”To answer this question, complete column 18 of the relevant row of the PCAPrincipal Answer Sheet by inserting a “Yes,” “No” or “No Answer,” asappropriate. Is PCA Principal a “financial entity,” as such term is defined inSection 2(h)(7)(C)(i) of the Commodity Exchange Act and the CFTCRegulations?6. Special Entity3637CFTC Regulation 23.401(d).Commodity Exchange Act § 2(h)(7)(C).-18-
Page 1 and 2: Cadwalader, Wickersham & Taft LLPDr
Page 17: Cadwalader, Wickersham & Taft LLPDr
Page 27: Document comparison by Workshare Pr

ISDA August 2012 DF Protocol Questionnaire

Create successful ePaper yourself

Delete template?

Save as template?