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Open | Open from May 3, 2021
The ISDA 2021 SBS Protocol (the SBS Protocol) is part of ISDA’s Dodd-Frank Documentation Initiative aimed at assisting the industry in implementing and complying with the regulatory requirements imposed under Title VII of the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
This protocol enables parties to enter into ISDA SBS Protocol Master Agreements (as defined in the Agreement) and/or supplement the terms of Protocol Covered Agreements (as defined in the Agreement) by incorporating therein selected portions of the ISDA SBS Protocol Supplement I (the “SBS Supplement I”) and/or the ISDA SBS Protocol Supplement II (the “SBS Supplement II” and, together with SBS Supplement I, the “SBS Supplements”), each published on the date hereof.
Open | Open from February 25, 2021
The ISDA 2021 SBS Top-Up Protocol (the “SBS Top-Up Protocol”) is part of ISDA’s Dodd-Frank Documentation Initiative aimed at assisting the industry in implementing and complying with the regulatory requirements imposed under Title VII of the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Specifically, the SBS Top-Up Protocol facilitates industry compliance with rulemakings promulgated by the U.S. Securities and Exchange Commission (“SEC”) related to Security-Based Swaps (“SBS”). For those parties who have adhered to either or both of ISDA’s August 2012 DF Protocol and March 2013 DF Protocol, this protocol allows the terms previously included by the parties for CFTC compliance to be “topped up” for SEC compliance.
Open | Open from December 22, 2020
ISDA 2020 UK (PRA Rule) Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol
The 2020 UK (PRA Rule) Jurisdictional Module (the 2020 UK Module) to the ISDA Resolution Stay Jurisdictional Modular Protocol enables entities subject to the UK Prudential Regulation Authority (UK PRA) rule on contractual stays in financial contracts governed by third-country law to amend the terms of their Covered Agreements with certain counterparties to comply with the UK PRA rule, by obtaining from such counterparties a contractual recognition of the application of stays on or overrides of termination rights under the UK Banking Act, as required by the UK PRA rule.
Pursuant to the European Union (Withdrawal) Act 2018 (as amended from time to time) certain EU law (and EU-derived domestic legislation) will be retained in UK domestic law from 31 December 2020. As part of that process certain amendments have been made to the ‘Stay In Resolution’ part of the PRA rulebook (the 2020 PRA Rule). The 2020 UK Module has been created to allow market participants to comply with the 2020 PRA Rule.
Open | Open from October 23, 2020
This protocol enables parties to Protocol Covered Documents to amend the terms of each such Protocol Covered Document to (i) in respect of a Protocol Covered Document which incorporates, or references a rate as defined in, a Covered ISDA Definitions Booklet, include in the terms of such Protocol Covered Document either the terms of or a particular defined term included in Supplements to the 2006 ISDA Definitions, and (ii) in respect of a Protocol Covered Document which otherwise references a Relevant IBOR, include in the terms of such Protocol Covered Document new fallbacks for that Relevant IBOR.
Open | Open from August 22, 2018
The ISDA 2018 U.S. Resolution Stay Protocol was created to allow market participants to comply with regulations issued by the Board of Governors of the Federal Reserve System (12 C.F.R. §§ 252.2, 252.81-88), the Federal Deposit Insurance Corporation (12 C.F.R. §§ 382.1-7) and the Office of the Comptroller of the Currency (12 C.F.R. §§ 47.1-8) (US Stay Regulations). The US Stay Regulations impose requirements on the terms of swaps, repos and other qualified financial contracts of global systemically important banking organizations.
Open | Open from August 16, 2016
The ISDA 2016 Variation Margin Protocol is designed to help market participants comply with new rules on margin for uncleared swaps. The Protocol addresses documentation changes necessary to comply with the variation margin requirements that will apply to a large number of market participants in various jurisdictions from March 2017.
Open | Open from May 3, 2016
The ISDA Resolution Stay Jurisdictional Modular Protocol enables parties to amend the terms of their Protocol Covered Agreements in order to aid compliance with regulatory requirements in various jurisdictions which, in general, require entities subject to those regulatory requirements to obtain from their counterparties a contractual recognition of the application of stays on or overrides of certain termination rights under the home-country special resolution regime of such regulated entity.
Open | Open from May 6, 2013
The purpose of the protocol is to enable swap dealers that are parties to Covered Give-up Arrangements to incorporate into those agreements an apportionment of responsibilities, pursuant to a CFTC Interim Final Rule issued on April 30th, for compliance with obligations under the CFTCs External Business Conduct Standards. ISDA, the FXC (Foreign Exchange Committee) and the FMLG (Financial Markets Lawyers Group) have developed Annex A to the protocol which provides for the allocation of responsibilities between two registered swap dealers as provided in the no action relief.
Open | Open from March 22, 2013
This protocol (which is NOT an updated version of the August 2012 DF Protocol) facilitates compliance with the CFTC’s rulemakings on (i) Swap Trading Relationship Documentation, Confirmation, Portfolio Reconciliation and Portfolio Compression, (ii) End-User Exception to the Clearing Requirement and (iii) Clearing Requirement Determination. Required Compliance Start Date: July 1, 2013. <b>The March 2013 Dodd Frank Protocol questionnaire will be available on ISDA Amend to all users on May 20, 2013. There will be live daily demos starting May 20th (please see ISDA Amend Availability note below).</b>