SFTR Information Statement

(updated May 17, 2021)

The SFTR Information Statement is a template 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 original statement was drawn up in response to the SFTR rules, 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. A UK SFTR Information Statement has also been published and can be used to help market participants comply with Article 15 of the SFTR as it forms part of ‘retained EU law’ as defined in the European Union (Withdrawal) Act 2018.

The SFTR Information Statement was updated in May 2016 to include a new Appendix 3, which sets out the risks and consequences that may arise in connection with the re-use of financial instruments by a U.S. broker-dealer, U.S. futures commission merchant, or U.S. bank or U.S. branch or agency office of a non-U.S. bank. These amendments are also reflected in the UK SFTR Information Statement. The updated SFTR Information Statement is intended for use when a transaction involves any such entities and includes alternative disclosures that are applicable in that case. The original SFTR Information Statement that was published in April 2016 and the UK SFTR Information Statement can still be used in respect of all other types of transactions that do not involve any such entities.

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