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EXHIBIT A – GENERAL INFORMATION AND DOCUMENTATION

Exhibit A-1, is a description of the following: 

Location, history, size, ownership and corporate structure, governance and 

committee structure, current or anticipated presence of offices or staff in the United 

States, and anticipated volume of business emanating from members and other 

participants that will be provided direct access to the foreign board of trade’s trading 

system.

Location, History, Size, Ownership and Corporate Structure

1. ICE Endex Derivatives B.V. (formerly known as Amsterdam Power Exchange N.V.)

(“the Exchange”) was incorporated on 20 July 1998 in the Netherlands with the 

Dutch Chamber of Commerce under Company Number: 09100980. Originally the 

Exchange was incorporated as a public company with limited liability having a share 

capital. On 4 October 2010 the legal form was changed from a public limited liability 

company to a private limited liability company having a share capital. Its registered 

address is at Atlas Arena, Australia Building, Hoogoorddreef 7, 1101 BA, 

Amsterdam, the Netherlands. Annex A-1(1) includes the Certificate of Incorporation 

of Amsterdam Power Exchange N.V.; Annex A-1(2), the Articles of Association of 

ICE Endex Derivatives B.V.; Annex A-1(3) and Annex A-1(4) the subsequent 

amendments to the Articles of Association of the Exchange.

2. ICE Endex Holding B.V. is the parent company of the Exchange and holds 100% of 

the shares in the capital of the Exchange.

3. ICE Endex Holding B.V. is a private limited liability company (besloten 

vennootschap met beperkte aansprakelijkheid) incorporated under Dutch law, having 

its official seat (statutaire zetel) in Amsterdam, the Netherlands, having its registered 

office address at Hoogoorddreef 7, Australia bld. 3rd floor, 1101BA Amsterdam, the 

Netherlands and registered with the trade register of the chamber of commerce in 

Amsterdam, the Netherlands under number 56416989 (“ICE Endex Holding”). ICE 

Endex Holding is the holding company of the ICE Endex group of companies and the 

parent company of the Exchange, ICE Endex Gas B.V. and ICE Endex Gas Spot 

Limited. ICE Endex Gas B.V. and ICE Endex Gas Spot Limited facilitate trading in 

gas spot contracts for delivery in the Netherlands, Belgium and United Kingdom.

4. The shareholders of ICE Endex Holding are N.V. De Nederlandse Gasunie (20,88% 

of the shares) and Aether Ios Limited (79,12% of the shares). 

5. N.V. De Nederlandse Gasunie is a public limited liability company (incorporated 

under the laws of the Netherlands, having its corporate seat in Groningen and its 

registered office at Concourslaan 17, 9727 KC Groningen, the Netherlands 

(“Gasunie”). Gasunie is the Dutch gas infrastructure company providing the transport 

of natural gas in the Netherlands and the Northern part of Germany. Gasunie is fully 

owned by the Dutch State and regulated as Gas Transmission System Operator. 
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6. Aether Ios Limited is a private company with limited liability, incorporated and 

existing under the laws of England and Wales, having its registered office at 5th floor 

Milton Gate, 60 Chiswell Street, London EC1Y 4SA, United Kingdom and registered 

in England and Wales under company number 07227809 (“Aether”). Aether is a 

100% subsidiary of ICE Europe Parent Limited, a limited liability company 

incorporated under the laws of England and Wales. ICE Europe Parent Ltd is part of 

the IntercontinentalExchange, Inc.(“ICE Inc.”)group of companies (“ICE Group”). 

7. ICE Inc. was admitted to trading on the New York Stock Exchange on 16 November 

2005. 

8. The group structure of the ICE Group is attached at Annex A-1(5).

9. At the time of submission, the Exchange has 19 permanent employees. Annex A-1(6) 

provides a high level organisation chart. All staff of the Exchange report directly or 

indirectly to the Managing Board of ICE Endex Holding. The Managing Board has 

ultimate responsibility for the regulation, operations and business performance of the 

Exchange. All members of the Exchange’s staff are based at the Exchange’s offices at 

Hoogoorddreef 7, 1101 BA, Amsterdam, the Netherlands.

10. The Exchange is one of Europe’s leading energy futures exchanges and provides a 

highly regulated fully electronic marketplace where industry participants can manage 

their price risk exposure in the physical energy market for gas and power in the 

Netherlands, Belgium and Germany. 

Governance

11. The Articles of Association of the Exchange (exhibited at Annex A-1(2)) provide that 

the number of managing directors on the board of directors of the Exchange shall be 

at least one person, being a natural person or a corporate body. Currently, the 

managing director of the Exchange is ICE Endex Holding, a corporate body.

12. The Articles of Association of ICE Endex Holding (exhibited at Annex A-1(7)) 

provide that the number of managing directors on the board of directors of the 

Exchange (the “Managing Board”) shall be at least one managing director. The 

Managing Board currently comprises one managing/statutory director. Pieter Schuurs 

is the President and COO of the Managing Board.

13. The Articles of Association of ICE Holding stipulate that the company is represented 

by the Managing Board or, if the Managing Board consists of more than two 

managing directors, two managing directors acting jointly. The Management Board 

may appoint officers with general or limited power to represent the company, subject 

to any restrictions imposed. Although the Management Board consists of only one 

person, responsibility for day-to-day management lies with the ICE Endex 

management team (“MT”) which next to the managing director consists of Wouter de 

Klein (ICE Endex’ Commercial Director). This is due to the fact that the Dutch 

financial regulator (AFM) requires that at least two senior staff members of the 

Exchange take responsibility for running the Exchange and are registered at policy 

responsible persons at AFM. Pieter Schuurs and Wouter de Klein are registered as 

such currently.
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14. The Exchange is regulated in the Netherlands by the Dutch Authority Financial 

Markets (“AFM”) as a Regulated Market (“RM”), as defined in the Markets in 

Financial Instruments Directive (Directive 2004/39/EC) (“MIFID”), which is 

implemented in Dutch Act on Financial Supervision (Wet op het financieel toezicht, 

the “DFSA”). The license as a RM is obtained under section 5:26(1) of the DFSA, 

resulting in an authorization by the Minister of the Dutch Ministry of Finance to 

operate a RM and supervised by the AFM and the Dutch Central Bank (“DNB”). The 

applicable regulatory regime is further explained in Exhibit F.

The Exchange has the ability to make arrangements to facilitate access to its markets 

on the ICE Endex Platform in EEA Member States, pursuant to Article 42 of MIFID. 

The Exchange has notified the AFM (home Member State regulator) of its intention to 

facilitate access to all EEA Member States. 

15. The official translation of the license under section 5:26(1) of the DFSA confirming 

and summarizing relevant access arrangements in respect of the Exchange and its 

markets dated 8 October 2004 is further exhibited at Annex A-1(8). 

16. In order to maintain its status as a RM, the Exchange must continue to satisfy the 

requirements of the DFSA. The AFM monitors the Exchange on an ongoing basis to 

confirm compliance with this requirement by reviewing the Exchange’s constitutional

documents, the effectiveness of its Managing Board in overseeing regulatory 

functions, and Managing Board size and composition. This is further explained in 

Exhibits C and F. 

Anticipated volume

Confidential

Anticipated presence of offices or staff in the United States

Confidential
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Attached, as Exhibit A-2, are the following: 

Memorandum and Articles of association.

1. ICE Endex Derivatives B.V. (formerly known as Amsterdam Power Exchange N.V.) 

was incorporated on 20 July 1998 in the Netherlands with Company Number: 

09100980, and is a private limited liability company having a share capital. Its 

registered address is at Atlas Arena, Australia Building, Hoogoorddreef 7, 1101 BA, 

Amsterdam, the Netherlands.

2. The Exchange Certificate of Incorporation and current Articles of Association are 

provided at Annexes A-1(1) and A-1(2). 
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Exhibit A-3: 

Membership and Trading Participant Agreements

1. For the purposes of becoming an Exchange Member an applicant is obliged, in

accordance with article I-6 of the Exchange Rules version 21.13 (which can be found 

at Annex A-6(1)) to complete a prescribed application form. This application form 

includes an accession to the Exchange Rules on behalf of the applicant. The Exchange

Membership Application Form can be found at Annex A-3(1).

2. An Exchange Member’s access to the ICE trading platform for the purposes of trading 

ICE Endex Derivatives Contracts (“Exchange Contracts”) is regulated by the 

Derivatives Electronic User Agreement. The Derivatives Electronic User Agreement 

can be found at Annex A-3(2).

3. In the event that an Exchange Member wants to develop its own electronic user 

trading interface to the ICE Platform API for the purposes of trading Exchange 

Contracts such Exchange Member will be required to complete a Derivatives Direct 

Access Interface Agreement. A Direct Access Interface Agreement can be found at 

Annex A-3(4).

Clearing Agreements

4. In accordance with articles I-4.3 (g) and I-4.4 of the Exchange Rules (which can be 

found at Annex A-6(1)) an Exchange Member is required to have appropriate clearing 

arrangements in place in respect of Exchange business. In the event that an Exchange 

Member is also intending to become a Clearing House Member, then such Exchange 

Member will be required to complete the ICE Clear Europe Clearing Membership 

Agreement with ICE Clear Europe. The ICE Clear Europe Clearing Membership 

Agreement together with relevant addenda can be found at Annex A-3(5).
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Attached, as Exhibit A-4, are the following:

Terms and conditions of contracts to be available through direct access

1. The ICE Endex Derivatives Rules (the “Rules” or “Exchange Rules”) setting out the 

terms and conditions of contracts be available through direct access (as specified in 

Exhibit E). The terms and conditions of the Exchange Contracts available for trading 

through direct access on the ICE Platform can be found in Appendix A of the Rules 

(Annex A-4(1)) and can also be found at https://www.theice.com/products under 

Exchange name NDEX. 

2. The trading hours for the Exchange Contracts are from 08:00 to 18:00 CET and can be 

found in Appendix A and B.1 of the Rules (Annex A-6(1)).

3. The Exchange lists the following contracts:

Dutch TTF Natural Gas 08.00 – 18.00 CET

German Gaspool Natural Gas 08.00 – 18.00 CET

German NCG Natural Gas 08.00 – 18.00 CET

Belgian ZTP Natural Gas 08.00 - 18.00 CET

Italian PSV Natural Gas 08.00 - 18.00 CET

Dutch Power 08.00 – 18.00 CET

Belgian Power 08.00 – 18.00 CET

German Power 08.00 - 18.00 CET

Italian Power 08.00 - 18.00 CET

French Power 08.00 - 18.00 CET

Nordic Power 08.00 - 18.00 CET

Spanish Power 08.00 - 18.00 CET
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Attached, as Exhibit A-5, are the following: 

National statutes, laws and regulations governing the activities of the FBOT and its 

respective participants

Confidential
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Exhibit A-6: 

The current Rules, regulations, guidelines and bylaws of the foreign board of trade

The current Exchange Rules.

1. All trading in Exchange Contracts is conducted in accordance with the Rules. The 

Exchange maintains the Rules, policies and other similar instruments to govern and 

regulate all aspects of its business and affairs and the Rules are designed to, in 

particular to seek to,

 ensure compliance with the rules of the Exchange and securities legislation;

 prevent fraudulent and manipulative acts and practices;

 promote just and equitable principles of trade;

 foster cooperation and coordination with persons or companies engaged in 

regulating, clearing, settling, processing information with respect to, and 

facilitating transactions in, the products traded on the Exchange; 

 provide for appropriate discipline;

 ensure a fair and orderly market; and,

 ensure that the Exchange’s business is conducted in a manner so as to afford 

proper protection to investors.

Changes to the Rules need to be approved by the AFM per individual change prior 

to entry into force of such change.

2. The Exchange Rules can be found at Annex A-6(1).
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Attached, as Exhibit A-7, are the following:

Evidence of the authorization, licensure or registration of the foreign board of trade 

pursuant to the regulatory regime in its home country jurisdiction and a 

representation by its regulator(s) that it is in good regulatory standing in the capacity 

in which it is authorized, licensed or registered

1. The License granting Exchange the status of a Regulated Market can be found at 

Annex A-1(8); and

2. A representation from the AFM that the Exchange is in good regulatory standing at 

Annex A-7(1).
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Exhibit A-8:

A summary of any disciplinary or enforcement actions or proceedings that have been 

brought against the foreign board of trade, or any of the senior officers thereof, in the 

past five years and the resolution of those actions or proceedings

No disciplinary or enforcement actions or proceedings have been brought against 

Exchange, or any of the senior officers thereof, in the past five years.
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Exhibit A-9:

An undertaking by the chief executive officer(s) (or functional equivalent[s]) of the 

foreign board of trade to notify the Commission staff promptly if any of the 

representations made in connection with or related to the foreign board of trade’s 

application for registration cease to be true or correct, or become incomplete or 

misleading.

An undertaking by the President of the Exchange, Mr. Pieter Schuurs, to notify 

Commission staff promptly if any of the representations made in connection with or 

related to the foreign board of trade’s application for registration cease to be true or 

correct, or become incomplete or misleading is provided in the cover letter accompanying 

the submission.