SUBMISSION COVER SHEET

IMPORTANT: Check box if Confidential Treatment is requested 

Registered Entity Identifier Code (optional): 22-404

Organization: NEX SEF Limited ("NEX SEF")

Filing as a: DCM SEF DCO SDR 

Please note - only ONE choice allowed.

Filing Date (mm/dd/yy): 9/15/22 Filing Description: Amendments to the NEX SEF Limited 

Trading Participant Holder Agreement

SPECIFY FILING TYPE 

Please note only ONE choice allowed per Submission.

Organization Rules and Rule Amendments

Certification § 40.6(a)

Approval § 40.5(a)

Notification § 40.6(d)

Advance Notice of SIDCO Rule Change § 40.10(a)

SIDCO Emergency Rule Change § 40.10(h)

Rule Numbers: See filing.

New Product Please note only ONE product per Submission.

Certification § 40.2(a) 

Certification Security Futures § 41.23(a)

Certification Swap Class § 40.2(d)

Approval § 40.3(a)

Approval Security Futures § 41.23(b)

Novel Derivative Product Notification § 40.12(a)

Swap Submission § 39.5

Product Terms and Conditions (product related Rules and Rule Amendments)

Certification § 40.6(a) 

Certification Made Available to Trade Determination § 40.6(a)

Certification Security Futures § 41.24(a)

Delisting (No Open Interest) § 40.6(a) 

Approval § 40.5(a)

Approval Made Available to Trade Determination § 40.5(a)

Approval Security Futures § 41.24(c)

Approval Amendments to enumerated agricultural products § 40.4(a), § 40.5(a)

“Non-Material Agricultural Rule Change” § 40.4(b)(5)

Notification § 40.6(d)

Official Name(s) of Product(s) Affected:

Rule Numbers: 
300 Vesey Street New York, NY 10282 T 212 299 2200 F 212 301 4645 christopher.bowen@cmegroup.com cmegroup.com

1

Christopher Bowen 

Managing Director and Chief Regulatory Counsel

Legal Department

September 15, 2022

VIA ELECTRONIC PORTAL

Mr. Christopher J. Kirkpatrick

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: CFTC Regulation 40.6(a) Certification. Amendments to the NEX SEF Limited 

Trading Participant Holder Agreement.

NEX SEF Submission No. 22-404

Dear Mr. Kirkpatrick:

Pursuant to Commodity Futures Trading Commission (“CFTC” or “Commission”) Regulation 40.6(a), NEX 

SEF Limited (“NEX SEF”) hereby certifies to the Commodity Futures Trading Commission (“CFTC” or 

“Commission” amendments to NEX SEF Trading Participant Holder Agreement (“TPHA” or “Form SEF 

Exhibit N-7”) effective on Monday, October 3, 2022 (collectively, the “Rule Amendments”) as outlined 

below.

Specifically, NEX SEF is amending the TPHA as follows:

1. Paragraph 3 to expand the customer eligibility criteria to include Professional Client consistent 

with the meaning in the FCA Handbook;

2. Adding new Paragraph 8 to clarify the contractual obligations of an Intermediary to collect Clearing 

Firm Representations for their customers; and

3. Updating NEX SEF contact information, copyright year and other administrative amendments.

NEX SEF reviewed the Swap Execution Facility core principles (“Core Principles”) as set forth in the 

Commodity Exchange Act (“CEA” or “Act”) and identified that the Rule Amendments may have some 

bearing on Core Principle:

• Core Principle 2 – Compliance with Rules: As a result of the changes to the customer 

documentation, the Rule Amendments that are being implemented will remain in satisfaction of 

this Core Principle. 

Pursuant to Section 5c(c) of the Commodity Exchange Act (the “Act”) and Regulations 37.3(b)3 and 40.6(a), 

NEX SEF hereby certifies that the Rule Amendments comply with the Act, as amended, and the 

Commission’s regulations thereunder. There were no substantive opposing views to this proposal.

Pursuant to Commission Regulation 37.3(b)(3), once a SEF is registered as such with the Commission, 

any amendments to Form SEF must be filed as a submission under part 40 of the Commission’s 

regulations or as otherwise specified by the Commission.1 The Rule Amendments serve to amend 

previous NEX SEF submissions. 

 

Attachment 1 is provided in blackline format under separate cover (confidential treatment requested).

1 See 78 Fed. Reg. 33476, at 33485 (June 4, 2013).
300 Vesey Street New York, NY 10282 T 212 299 2200 F 212 301 4645 christopher.bowen@cmegroup.com cmegroup.com

2

NEX SEF certifies that this submission has been concurrently posted on its website at 

http://www.cmegroup.com/market-regulation/rule-filings.html.

If you require any additional information regarding this submission, please contact the undersigned at 212-

299-2200 or via email at CMEGSubmissionInquiry@cmegroup.com.

Sincerely,

/s/ Christopher Bowen

Managing Director and Chief Regulatory Counsel

Attachment: 1. Exhibit N-7 – Trading Participant Holder Agreement (blackline format) (confidential

 treatment requested)
3

Attachment 1

(CONFIDENTIAL TREATMENT REQUESTED)

(ATTACHED UNDER SEPARATE COVER)