EMIR Sample Clauses

EMIR. In accordance with the European Market Infrastructure Regulation (EMIR), you are classified as a “NFC-“(a Non- Financial Counterparty to whom the EMIR clearing obligation does not apply) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇.▇▇/regulation/post- trading/non-financialcounterparties-nfcs Accordingly, HYCM has the contractual right to terminate any open CFDs and claim any resulting losses (including, without limitation, by appropriating the posted margin) if this classification is, or subsequently becomes, incorrect.

EMIR. 73.1 Notwithstanding anything in these Terms and Conditions or any non-disclosure, confidentiality, or other agreement between the Company and the Client, the Company and the Client each hereby consents to the disclosure of information to the extent required or permitted by, or made in accordance with, the provisions of EMIR and any applicable supporting law, rule, or regulation ("EMIR and Supporting Regulation"), which mandate reporting and/or retuning ("Reporting Requirements"). 73.2 Both the Client and the Company acknowledge that, under EMIR and its supporting regulations, authorities need transaction data reporting to promote market transparency and enable regulators to monitor systemic risk and ensure that safeguards are applied internationally. 73.3 The Client and the Company each acknowledge that disclosures made pursuant to this agreement may include, without limitation, the disclosure of trade and trader information, as well as the Client's identity (by name, address, corporate affiliation, identifier, or otherwise) to any trade repository registered in accordance with Article 55 of EMIR or recognised in accordance with Article 77 of EMIR, or one or more systems or services operated by any such trade repository. The Client (in the case of the Company) or the Company (in the case of the Client) may use a Third Party Service Provider to transfer trade information into a TR for the purpose of complying with regulatory reporting obligations, and that a TR may engage the services of a global trade repository regulated by one or more governmental regulators. The Client and the Company also acknowledge that disclosures made pursuant to this Agreement may be made to recipients in jurisdictions other than the disclosing Party's home jurisdiction, or jurisdictions that may not provide an equivalent or adequate level of personal data protection as the counterparty's home jurisdiction. For the avoidance of doubt, if applicable non-disclosure, confidentiality, bank secrecy, data privacy, or other law imposes non-disclosure requirements on transaction and similar information required or permitted to be disclosed as contemplated herein but allows the Client or the Company to waive such requirements by consent, the consent and acknowledgements provided.

EMIR. Each party acknowledges that pursuant to EMIR reporting purposes, disclosures will be made in respect to the Transactions carried out through your Trading Account, including personal data to the trade repository registered or recognized in accordance with EMIR or to any third party which the Company may outsource the relevant reporting.

EMIR. (a) For the purposes of this Part 7:

EMIR. In accordance with the European Market Infrastructure Regulation (EMIR), you are classified as an “NFC“ (a Non-Financial Counterparty to which EMIR clearing obligation does not apply). Under the requirements derived from EMIR, we are obligated to report transactions to a Trade Repository and subsequently, to ESMA. In this respect, you are irrevocably authorizing us to report all of your reportable transactions to the aforementioned parties. You should also provide us with any additional information and/or supporting documentation that may be requested from time to time and, required under EMIR or any other applicable laws and regulations to provide, for us to comply with our reporting obligations. In case of refusal or failure to provide us with the required information and/or supporting documentation, we have the absolute right to refuse you to trade with us and to suspend your account or terminate this Agreement in accordance with the provisions of section 29 of this Agreement.

EMIR. 7.1 The following provisions shall apply to you if you are established in the EEA, or if you have entered into transactions that have a direct, substantial and foreseeable effect in the EEA or have conducted arrangements that are designed to avoid EMIR rules.

EMIR. As outlined by EMIR, margin requirements should be sufficient to cover possible losses originating from “at least 99% of the exposure movements over an appropriate time horizon”.179 4.1.5.2 Defaulting party: default fund

EMIR ment of one contract with one or more contracts.152 As depicted in Figure 16 below, the CCP replaces “the web of bilateral transactions with a hub-and- spoke structure that has the CCP at the centre”.153

EMIR. As per the legislative requirements set in the Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on Over the Counter derivatives (“EMIR”), if it is compulsory for the Company to report all derivative transactions, between the Company and the Client, to a relevant Trade Repository (“TR”), as per EMIR, either directly or through a third-party service provider(s), for the purpose of recording and maintaining the records of derivative transactions. The Client understands and agrees that the competent authorities (European Securities and Markets Authority “ESMA” or other relevant authorities), may receive the confidential information in the exercise of their duties under ▇▇▇▇ and consents that the Company shall not be in a breach of any restrictions on disclosure of information imposed by any agreement or by any legislative, regulatory or administrative provisions, when performing trade reporting. The Client hereby undertakes to inform the Company, in writing, of any changes related to the status of the Client’s account(s) and personal particulars.