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New version applies from 29/11/2022 — introduced by Commission Delegated Regulation (EU) 2022/2310. 12 provisions change. Article 18 changes in this version: compare with the current text.

Article 18

Comparing 15/03/2013 → 03/01/2018: 3 added, 1 removed, 13 changed Close comparison

((e))details of the transactions for which the counterparty is seeking the exemption, including:(i)the asset class of OTC derivative contracts;(ii)the type of OTC derivative contracts;(iii)the type of underlyings;(iv)the notional and settlement currencies;(v)the range of contract tenors;(vi)the settlement type;(vii)the anticipated size, volumes and frequency of OTC derivative contracts per annum.

(Article 11(14)(c) of Regulation (EU) No 648/2012)

((c)) detailsDetails of the supportingintragroup contractualtransaction relationshipsnotification betweento the parties;competent authority

1. 1. The application or notification to the competent authority of the details of the intragroup transaction shall be in writing and shall include:

(a)((a)) the legal counterparties to the transactions including their identifiers in accordance with Article 3 of Implementing Regulation (EU) No 1247/2012;

(b)((b)) the corporate relationship between the counterparties;

(c)details of the supporting contractual relationships between the parties;

(d)((d)) the category of intragroup transaction as specified under paragraph 1 and points (a) to (d) of paragraph 2 of Article 3 of Regulation (EU) No 648/2012;

(e)details of the transactions for which the counterparty is seeking the exemption, including:

(i)((i)) the asset class of OTC derivative contracts;

(ii)((ii)) the type of OTC derivative contracts;

(iii)((iii)) the type of underlyings;

(iv)((iv)) the notional and settlement currencies;

(v)((v)) the range of contract tenors;

(vi)((vi)) the settlement type;

(vii)((vii)) the anticipated size, volumes and frequency of OTC derivative contracts per annum.

2. 2. As part of its application or notification to the relevant competent authority, a counterparty shall also submit supporting information evidencing that the conditions of Article 11(6) to (10) of Regulation (EU) No 648/2012 are fulfilled. The supporting documents shall include copies of documented risk management procedures, historical transaction information, copies of the relevant contracts between the parties and may include a legal opinion upon request from the competent authority.

Official text · consolidated version 03/01/2018 (no longer in force) Open full page ↗
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