Trade Reporting. Under Applicable Regulations, we may be obliged to make information about certain Transactions public. You agree and acknowledge that any and all proprietary rights in such Transaction information are owned by us and you waive any duty of confidentiality attaching to the information which we reasonably disclose. Additionally, under Applicable Regulations we are required to report transactions on Financial Instruments that are admitted for trading on a regulated market or a trading venue in the EEA, irrespective of whether these transactions take place on or off such regulated markets or trading venues. Accordingly, we shall, and you hereby irrevocably authorise us to, report all of your CFD Transactions where the underlying Financial Instruments are admitted for trading on a regulated market or on any trading venue in the EEA. You agree to provide to us on demand all and any information which may be required by us under MiFID or any other Applicable Regulations to comply with our reporting obligations. Without derogating from the generality of the foregoing, you have to provide to us the following documentation (in a format that we consider satisfactory): (i) where you are a natural person, you will provide such identification as may be required by us, known as natural person identifiers; or (ii) where you are a legal entity or body corporate, you will provide to us your active (at all the times while you have an Account with us) Legal Entity Identifier (LEI), a 20-digit, alpha-numeric code based on the ISO 17442 standard developed by the International Organization for Standardization (ISO). Should you fail to comply with the requirements of this Section 7.13, for instance but without limitation, if your LEI were to expire, we would not be permitted to trade with you and we would have a right, at our sole and absolute discretion and without notice, to: (i) refuse to accept you as our client; and/or (ii) suspend your Account(s) with us until you have complied with the aforesaid requirements; and/or (iii) terminate this Agreement with immediate effect. You shall indemnify and hold us harmless for any and all losses, claims, damages and expenses that we may incur as a result of your failure to comply with the requirements of this Section 7.13. If you are (i) a legal entity or corporate body based in the EEA and (ii) a Non-Financial Counterparty minus (“NFC-”) as defined under EMIR REFIT please note that we, as a Financial Counterparty (as defined under EMIR REFIT) are solely responsible, and legally liable, for reporting on behalf of both counterparties, for which you shall provide to us with the details of the OTC derivative contracts concluded between you and us which we cannot be reasonably expected to possess and you shall be responsible for ensuring that those details are correct. Notwithstanding, if you decide to report the details of your OTC derivative contracts with us to a trade repository, you shall inform us of your decision by email and in this situation, you shall be responsible, and legally liable, for reporting those details and for ensuring their correctness prior to us starting reporting those details. Your decision shall be informed to us prior to us starting reporting and if we have already started reporting those details and you decide for us not to continue to do so we will then need to coordinate and agree with you the date and time when such reportorting shall cease being provided by us.
Appears in 2 contracts
Sources: Standard Terms of Business, Standard Terms of Business
Trade Reporting. Under Applicable Regulations, we may be obliged to make information about certain Transactions public. You agree and acknowledge that any and all proprietary rights in such Transaction information are owned by us and you waive any duty of confidentiality attaching to the information which we reasonably disclose. Additionally, under Applicable Regulations we are required to report transactions on Financial Instruments that are admitted for trading on a regulated market or a trading venue in the EEA, irrespective of whether these transactions take place on or off such regulated markets or trading venues. Accordingly, we shall, and you hereby irrevocably authorise us to, report all of your CFD Transactions where the underlying Financial Instruments are admitted for trading on a regulated market or on any trading venue in the EEA. You agree to provide to us on demand all and any information which may be required by us under MiFID or any other Applicable Regulations to comply with our reporting obligations. Without derogating from the generality of the foregoing, you have to provide to us the following documentation (in a format that we consider satisfactory):
(i) where you are a natural person, you will provide such identification as may be required by us, known as natural person identifiers; or
(ii) where you are a legal entity or body corporate, you will provide to us your active (at all the times while you have an Account with us) Legal Entity Identifier (LEI), a 20-digit, alpha-numeric code based on the ISO 17442 standard developed by the International Organization for Standardization (ISO). Should you fail to comply with the requirements of this Section 7.13, for instance but without limitation, if your LEI were to expire, we would not be permitted to trade with you and we would have a right, at our sole and absolute discretion and without notice, to:
(i) refuse to accept you as our client; and/or
(ii) suspend your Account(s) with us until you have complied with the aforesaid requirements; and/or
(iii) terminate this Agreement with immediate effect. You shall indemnify and hold us harmless for any and all losses, claims, damages and expenses that we may incur as a result of your failure to comply with the requirements of this Section 7.13. If you are (i) a legal entity or corporate body based in the EEA and (ii) a NonN on-Financial Counterparty minus (“NFC-”) as defined under EMIR REFIT please note that we, as a Financial Counterparty (as defined under EMIR REFIT) are solely responsible, and legally liable, for reporting on behalf of both counterparties, for which you shall provide to us with the details of the OTC derivative contracts concluded between you and us which we cannot be reasonably expected to possess and you shall be responsible for ensuring that those details are correct. Notwithstanding, if you decide to report the details of your OTC derivative contracts with us to a trade repository, you shall inform us of your decision by email and in this situation, you shall be responsible, and legally liable, for reporting those details and for ensuring their correctness prior to us starting reporting those details. Your decision shall be informed to us prior to us starting reporting and if we have already started reporting those details and you decide for us not to continue to do so we will then need to coordinate and agree with you the date and time when such reportorting shall cease being provided by us.be
Appears in 1 contract
Sources: Standard Terms of Business