After filing a loyalty letter, an adjacent party must then exchange questionnaires with its counterparties in order to modify the swap agreements between the parties. As soon as the questionnaires are exchanged between two parties, all swap agreements covered between them are considered to be modified by the 2013 protocol. CFTC Regulation 23.501 sets deadlines within which swap contracts and large swap participants must make confirmations for swap transactions. Section 2.4 of Schedule 2 contains an agreement between the parties that, when they exchange confirmation terms in accordance with the terms set by the parties or by an external representative or service provider through an electronic comparison service, such a confirmation method constitutes an effective execution within the meaning of CFTC 23.501 regulation, if they exchange concurring confirmation terms. Section 2.4 does not constitute an agreement between the parties on such a matching platform, but constitutes an agreement that, if able, such a process constitutes effective implementation within the meaning of the regulation. The ISDA 2013 DF Protocol Master Agreement is an agreement subject to the New York Law in the form of the 2002 ISDA masteragrement, without a timetable supplemented by the conditions set out in the March 2013 protocol or on how the parties otherwise agree. The terms and conditions of the March 2013 protocol provide that several transactions apply to foreign exchange transactions and currency options, but not to other types of transactions. Calendar 3 applies to end-users, as above in „Questionnaires – Main Choices; The choice of Schedule 3“ takes effect when CFTC Regulation 23.504 applies to CFTC swap units, which is expected to be set for July 1, 2013 (date of compliance with STRD rules). CFTC Regulation 23.504 requires that a CFTC swap unit that becomes a party to such an exchange may have a swap file on or before the date of execution of a swap (including foreign exchange swaps and foreign exchange maturities excluded from the regulation as swaps) that contains all the terms of the swap. As a result, CFTC swap entities are not allowed to exchange swaps after July 1, unless the relationship between the parties is subject to an ISDA management contract or an equivalent document containing all the terms of the agreement.
In particular, it is not permissible to use a long-term confirmation in which the parties agree to a number of conditions of an ISDA director contract with the intention of concluding their agreement at a later date. In accordance with Section 4s (i) (1), the CFTC has adopted regulations 23,500 to 23,505 in accordance with the CFTC Final Rule, Confirmation, Reconciliation Portfolio, Portfolio And Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants.3 Final rules will be applied on July 1, 2013 for exchange dealers and major swap participants.3 , unless the compliance date is delayed. If an end user has approved the August 2012 ISDA agreement in accordance with the August 2012 Protocol, such an agreement is not sufficient for the purposes of CFTC 23.504 regulation and that end user must ensure that he or she complies with the 2013 DF protocol or that he has a master`s contract or equivalent documentation until July 2013. , in 2013, with each relevant CFTC swap unit, in order to settle subsequent swaps. Schedule 3 includes certain risk assessment procedures and dispute resolution mechanisms for swap transactions for counterparties who have not negotiated such provisions under their existing ISDA director contract and credit support schedule. Calendar 3 is mandatory for „financial companies“ that include hedge funds and optional for end-users. Schedule 2 is also mandatory for compliance with the CFTC`s mandatory clearing requirements and contains (i) general assurances and confirmations regarding transaction confirmations, (ii) confirmations and assurances regarding a party`s status for the purpose of meeting the CFTC`s mandatory clearing requirements and (iii) confirmations regarding the CFTC`s exemption from obl compensation