2018 Alternative FIA-ISDA Cleared Derivatives Addendum (FCM Arrangements)

The 2018 Alternative FIA-ISDA Cleared Derivatives Addendum is a template for use by cleared swaps market participants to document the relationship between a registered futures commission merchant (FCM) and its customer for purposes of clearing over-the-counter derivatives transactions (referred to as “Cleared Derivatives Transactions”) under US law.  The Addendum is generally designed to be a supplement to the parties’ futures clearing agreement, and the Addendum will supersede that underlying agreement only with respect to Cleared Derivatives Transactions.  Among other provisions, the Addendum contains representations reflecting the US regulatory regime applicable to Cleared Derivatives Transactions, procedures for the FCM to close out and liquidate Cleared Derivatives Transactions following a Close-out Event or Tax Liquidation Event and tax provisions relating to Cleared Derivatives Transactions.  This form is an alternative to the FIA-ISDA Cleared Derivatives Addendum that ISDA and FIA published in 2012 and does not replace or supersede that form.

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