CME European Trade Repository Schedule E: Managed Fund Registration

Transcription

1 CME European Trade Repository Schedule E: Managed Fund Registration The following additional terms supplement the terms of the CME European Trade Repository User Agreement (the User Agreement) and apply where a Company notifies CME that it also wishes to report Derivative Data to CME on behalf of a fund managed by the Company or a Registered Entity of the Company (in accordance with Article 9(1) EMIR) in relation to EMIR reportable trades entered into by that fund. In order to benefit from this service, the Company must agree to the additional terms set out in this Schedule E on behalf of the Company and its Registered Entities by completing the information requested in this Schedule. You can submit this Schedule E to CME European Trade Repository by clicking the Submit button which will enable firms to this Schedule to ETRregistration@cmegroup.com. CME will indicate its acceptance by sending written confirmation to the Company providing a start date for the service. Where CME indicates its acceptance of the request, CME will provide the additional Repository Services described in this Schedule E in accordance with the terms and conditions set out below. 1. ADDITIONAL DEFINITIONS Defined terms shall have the meaning set out in the User Agreement between the Company and CME except where otherwise defined in this Schedule E. For the purposes of this Schedule E, the additional terms defined below shall have the following meaning: A: CME Registered Fund means a Registered Fund which has also registered with CME for the receipt of certain Repository Services by signing a User Agreement and which will be provided with direct access to the System. B: Master Account means a master account for billing established by the Company. C: Registered Fund means a fund registered by the Company under this Schedule and on whose behalf the Company or a Registered Entity will submit reports of Derivative Data to CME. 2: ADDITIONAL TERMS A: REPORTING ON BEHALF OF REGISTERED FUNDS (a) The Company (and / or its Registered Entities) wishes to report Derivative Data on behalf of Registered Funds (in accordance with Article 9(1) of EMIR) in order to assist such Registered Funds in discharging their reporting obligations under EMIR. (b) CME will provide the Company and its Registered Entities with access to the System and the Repository Services, for the purposes of enabling the Company or its Registered Entities to make reports of Derivative Data on behalf of Registered Funds, on the terms set out in the User Agreement and the additional terms in this Schedule E. (c) The Company must provide to CME information relating to each Registered Fund required by this Schedule E no less than 5 business days before commencing reporting on behalf of the Registered Fund. Company or its Registered Entities shall submit Derivative Data to CME under this Schedule E only in respect of a Registered Fund which has been notified in advance to CME in accordance with this Schedule E. Company further agrees to update any information provided in completing this Schedule E from time to time in the event that such information is incorrect or requires updating. Any notifications issued by the Company or CME shall be made in accordance with the Notice provisions in clause 10 of the User Agreement. (d) Where a Registered Fund wishes to have direct access to the System to access Derivative Data reported on its behalf, the Registered Fund must register as a CME Registered Fund by signing a CME European Trade Repository User Agreement. 1 CME EUROPEAN TRADE REPOSITORY SCHEDULE E: MANAGED FUND REGISTRATION

2 (e) Company shall ensure that it will only submit Derivative Data to CME on behalf of a Registered Fund that it believes is materially accurate and complete and compliant with the Rules and applicable rules and regulations under EMIR in all material respects. With respect to the Rules, Company shall promptly alert CME and the relevant Registered Fund if Company becomes aware of an error or omission in reported Derivative Data submitted to CME on behalf of that Registered Fund. B. ACCESS TO DATA AND VERIFICATION (a) CME shall provide access to the System to the Company and any relevant Registered Entity in respect of Derivative Data reported by the Company or a Registered Entity on behalf of a Registered Fund. The Company / each Registered Entity is only permissioned under the rules of the System to view Derivative Data relating to the Registered Fund that has been reported by the Company / Registered Entity. (b) CME shall not provide any services directly to the Registered Fund except where that Registered Fund is a CME Registered Fund with a direct relationship with CME. CME shall provide a Registered Fund that is also a CME Registered Fund with direct access to Derivative Data reported on its behalf by the Company or a Registered Entity. Access to Derivative Data to such persons shall be provided by CME in accordance with the terms of the Rules and the relevant User Agreement in place between CME and the CME Registered Fund. (c) Company shall adhere to the verification and error correction processes set forth in the Rules with respect to Derivative Data reported by Company on behalf of a Registered Fund, except where the Derivative Data concerned relates to a Registered Fund that is also a CME Registered Fund, in which case the relevant CME Registered Fund shall be responsible for compliance with the verification and error correction processes under the relevant User Agreement between CME and the CME Registered Fund. C. FEES AND BILLING (a) The Company shall be liable to pay Fees to CME under clause 6 of the User Agreement in respect of all transactions reported to CME by the Company or a Registered Entity on behalf of the Registered Fund.of a Company Customer which is registered as a CME Customer and: (b) Fees payable by the Company in respect of such reports will be determined in accordance with the fee schedule set out on the Site and under the User Agreement and shall be determined at the Master Account of the Company. D. REPRESENTATIONS AND WARRANTIES (a) Company hereby represents and warrants as follows: (i) Company has read, understands and agrees to be bound by the Rules, this Schedule E to the User Agreement and the User Agreement. (ii) Company has all necessary power and authority to execute and perform the additional obligations under this Schedule E to the User Agreement. (iii) Company has the authority to register the Registered Funds notified to CME in accordance with this Schedule E and to submit Derivative Data to CME on their behalf under EMIR, the Rules and the terms of this Schedule E. (iv) This Agreement is legal, valid, binding and enforceable against Company. (v) Neither the execution of, nor performance under, this Agreement by Company violates or will violate any law, rule, regulation or order, or any agreement, document or instrument that is binding on or applicable to Company. (vi) Company has complied with all applicable law, statutory provisions and other rules, regulations and instruments in force from time to time relating to the subject matter of this agreement. E. LIABILITY AND INDEMNIFICATION (a) Company agrees that CME shall have no liability to any Registered Fund under the User Agreement or the Schedule for any Losses, whether arising in contract, tort (including negligence) misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise. 2 CME EUROPEAN TRADE REPOSITORY SCHEDULE E: MANAGED FUND REGISTRATION

3 (b) Company shall indemnify, protect and hold harmless CME and its affiliates, including CME Group Inc. and its subsidiaries and affiliates and their respective officers, members, directors, employees, agents, designees, vendors, information providers, independent contractors and subcontractors ( Indemnified Parties ) from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs and expenses (including reasonable attorney s fees) resulting from or arising out of any claim by any Registered Fund in respect of the reporting of Derivative Data by the Company or any Registered Entity and any act or omission by Company or any Registered Entity, in connection with usage of the Site, the System or Repository Service(s) (other than through the negligence of CME) or the reporting, storage, use or disclosure of the Derivative Data by the Indemnified Parties in accordance with this Agreement. F. GENERAL (a) The terms and conditions set out in this Schedule supplement the terms set out in the User Agreement entered into between the Company and CME. By completing this Schedule and submitting to CME, the Company is deemed to agree to and accept the additional terms and conditions set out in this Schedule which shall be incorporated into the User Agreement. (b) No term of this Schedule E or the User Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the User Agreement. (c) This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 3 CME EUROPEAN TRADE REPOSITORY SCHEDULE E: MANAGED FUND REGISTRATION

4 Under section 2 of this Schedule E to the CME ETR User Agreement, the Company must provide CME with the following information in respect of all Registered Funds on whose behalf it makes reports of Derivative Data to CME: Please complete the information required below and list all funds you wish to register as Registered Funds. Please note that any changes to the information provided to CME under this Schedule E should be notified to CME promptly in accordance with paragraph 2 of this Schedule E and clause 10 of the User Agreement. Please note that a Registered Fund listed in this Schedule E will not attain separate log in credentials. For a Registered Fund to attain direct access to the System, it must execute a separate User Agreement with CME. Company Name*: Legal Entity Identifier of Company (if applicable)*: *If your firm is ineligible for a Legal Entity Identifier, then please provide a unique code for us to track in the CME European Trade Repository. **Investment Advisor is the name of either the Company or any Registered Entities (Investment Advisor) listed on Schedule C which provides investment management or advisory services to the Registered Fund. You can submit this Schedule E to CME European Trade Repository by clicking the Submit button below or by sending to ETRregistration@cmegroup.com. Alternatively, you may submit this Schedule E with an Excel file listing the Registered Funds along with the corresponding information to ETRregistration@cmegroup.com. Excel File Name (Optional): N/A Investment Advisor** Legal Entity Identifier Local Operating Unit *Legal Entity Identifier Existing or new CME Entity Legal Name of Registered Fund 4 CME EUROPEAN TRADE REPOSITORY SCHEDULE E: MANAGED FUND REGISTRATION

5 Investment Advisor** Legal Entity Identifier Local Operating Unit *Legal Entity Identifier Existing or new CME Entity Legal Name of Registered Fund 5 CME EUROPEAN TRADE REPOSITORY SCHEDULE E: MANAGED FUND REGISTRATION

6 By completing this Schedule E and submitting to CME, you are deemed to agree to accept the terms and conditions set out in this Schedule E and the User Agreement. Where we agree to provide the services set out in this Schedule E, we will send a confirmation indicating our acceptance and the commencement of the provision of additional Repository Services to you under the terms of this Schedule E. This confirmation will constitute our agreement to provide the services set out in this Schedule E. Please indicate your acceptance of the terms and conditions set out in this Schedule E to the User Agreement by completing the information below: COMPANY Name*: (Must be an authorized signatory) Date*: Day Month Year You can submit this Schedule E to CME European Trade Repository by clicking the Submit button below or by sending to ETRRegistration@cmegroup.com 6 CME EUROPEAN TRADE REPOSITORY SCHEDULE E: MANAGED FUND REGISTRATION