Document ID: chunk:federal_register_of_legislation:F2024L01032:clause:4_3
Version: federal_register_of_legislation:F2024L01032
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 16699–18304

3  A foreign entity that is required to be registered under Division 2 of Part 5B.2 of the Act and is:  All OTC Derivatives:
                                                                                                          (a)     entered into with a Retail Client located in this jurisdiction;
     (a)     a Foreign ADI that has a branch located in this jurisdiction;                                (b)  booked to the profit or loss account of a branch of the Reporting Entity located in this jurisdiction; or
                                                                                                          (c)   that are a Nexus Derivative.
     (b)  an AFS Licensee; or

     (c)   an Exempt Foreign Licensee.

    4 Subrule 2.2.1(3)
    Omit all of the words after "in relation to a Reportable Transaction", substitute "referred to in subparagraphs 1.2.5(1)(b)(ii)-(iv) if, at the time the Reporting Entity is required to comply with the requirements, information about the OTC Derivative to which the Reportable Transaction relates has been reported to a Prescribed Repository before 20 October 2025.".

    5 Subrule 2.2.2(1)
    Omit "Where", substitute "Subject to subrule (4), where".

    6 Subrule 2.2.2(2)
    Omit "subrule (3)", substitute "subrules (3) and (4)".

    7 Rule 2.2.2 (after subrule(3))
    Insert:

(4) A Reporting Entity is not required to comply with the requirements of subrule (1) in relation to information about an OTC Derivative that has been reported to a Prescribed Repository before 20 October 2025.
    8 Subrule 2.2.9(1)
    Omit the note.