ISDA EMIR-FMIA Top-up Agreement

The ISDA EMIR-FMIA Top-up Agreement (the Top-Up Agreement) is intended to allow parties that have adhered to the ISDA 2013 EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol (the EMIR Protocol) to use the provisions of the EMIR Protocol to meet their requirements under the Swiss Financial Markets Infrastructure Act (FMIA). By entering into the Top-Up Agreement, two parties that have already adhered to the EMIR Protocol and are already using the processes therein, agree that where they need to apply FMIA portfolio reconciliation and dispute resolution provisions in respect of trades subject to FMIA and/or where they need a confidentiality waiver in order to report under FMIA, any relevant agreements which are already amended by the EMIR Protocol are also amended as set out in the Top-up Agreement.

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