Disclosures

Dodd-Frank Disclosure Requirements

Some of the Disclosures below relate to the requirements under regulations promulgated by the CFTC and SEC under Dodd-Frank. The General Disclosure Statement and each of the Annexes (together, the “ISDA DF Disclosure”) contain standard form disclosures intended to relate primarily to the requirements promulgated by the CFTC and SEC. Persons that intend to use the ISDA DF Disclosure in connection with such or other regulatory requirements should consult legal counsel and risk personnel regarding the appropriateness of the ISDA DF Disclosure for them, their counterparties and their transactions. Each user should consider how any additional disclosure that it may choose to make will relate to the ISDA DF Disclosure.

Dodd-Frank Disclosure Documents – click here

The European Market Infrastructure Regulation (EMIR) Requirements

The Article 39(7) Disclosure Documents facilitate compliance with certain obligations under Article 39(7) of EMIR where clearing members are providing services that involve clearing derivatives through an EU CCP. The document has been made available to allow clearing members to use it in its current form; however, the document may be subject to change. See further EMIR documentation here.

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Click here to view/download PDF
Click here to view/download DocX

The Securities Financing Transactions Regulation (SFTR) Requirements

The SFTR Information Statement is a template disclosure document for use by market participants to inform their counterparties of the general risks and consequences that may be involved in consenting to a right of use of collateral provided under a security collateral arrangement or of concluding a title transfer collateral arrangement. Market participants can tailor the statement to suit their own specific circumstances. The document has been drawn up in response to the SFTR, which come into force from July 13, 2016 and will affect all existing and future title transfer and security collateral arrangements under a variety of financial agreements.

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Click here to view/download SFTR Information Statement DOC – published May 13, 2016

Previous versions and blacklines:
Click here to view/download SFTR Information Statement blackline PDF – blackline of version published May 13, 2016 against version published April 13, 2016
Click here to view/download SFTR Information Statement DOC – published April 13, 2016

SFTR Contact Details Database

Upon member request ISDA has coordinated and collated the contact details from various entities which can be used when a party is providing an SFTR Information Statement to a counterparty. In order to access this database please click on the link below.

SFTR Information Statement Contact Details Database – click here

ISDA Presents Lock-Up Agreement Proposal

ISDA is pleased to present the proposed Lock-Up Agreements and CDS – Proposed Auction Solution. “Lock-Up Agreements” are market-wide arrangements, broadly standardized and predominantly integrated with court sanctioned restructuring or bankruptcy processes. Numerous end users will sign material Lock-Up Agreements...

Key Trends in OTC Derivatives Market H2 2024

The latest data from the Bank for International Settlements (BIS) over-the-counter (OTC) derivatives statistics shows a modest increase in notional outstanding during the second half of 2024 compared to the same period in 2023. Notional outstanding for interest rate, foreign...