Document ID: chunk:federal_register_of_legislation:F2024L01032:schedule:4
Version: federal_register_of_legislation:F2024L01032
Segment Type: schedule
Provision Reference: sch 4
Character Range: 13924–16474

Schedule 4—Amendments

ASIC Derivative Transaction Rules (Reporting) 2024
    1 Rule 1.2.3 (after the definition of Licensed Repository)
Insert:
Nexus Derivative means an OTC Derivative to which the Reporting Entity is a counterparty, where:
        (a)        one or more of the following functions in relation to the OTC Derivative:
           (i)         determining the price, level, rate or other economic terms (collectively, Terms) on which the Reporting Entity is willing to enter into the OTC Derivative, including by determining the proposed Terms or range of proposed Terms which may be communicated to the proposed counterparty or agreeing the final Terms on which the Reporting Entity will enter into the OTC Derivative with the proposed counterparty;
           (ii)       communicating to the proposed counterparty one or more of the Terms on which the Reporting Entity is willing to enter into the OTC Derivative;
           (iii)     offering to enter into the OTC Derivative with the proposed counterparty or inviting the proposed counterparty to offer to enter into the OTC Derivative with the Reporting Entity;
           (iv)      agreeing to enter into the OTC Derivative with the proposed counterparty;
           (v)       managing the financial risk arising from the OTC Derivative;
        is, or in the case of the function referred to in subparagraph (v), will be, performed on behalf of the Reporting Entity by a person who is:
           (vi)      ordinarily resident or employed in this jurisdiction; or
           (vii)    acting as part of a desk, office or branch of:
(A)       the Reporting Entity; or
(B)       an entity that is an associate of the Reporting Entity,
           where that desk, office or branch is located in this jurisdiction; and
        (b)       if the OTC Derivative was executed through an authorised financial market, one or more of the functions referred to in subparagraphs (a)(i) - (v) in relation to the OTC Derivative is, or in the case of the function referred to in subparagraph (a)(v), will be, performed on behalf of the Reporting Entity by a person who is:
           (i)         ordinarily resident or employed in this jurisdiction; or
           (ii)       acting as part of a desk, office or branch of:
(A)       the Reporting Entity; or
(B)       an entity that is an associate of the Reporting Entity,
           where that desk, office or branch is located in this jurisdiction.
    2 Rule 1.2.5 (Table 1: Reporting Entities and OTC Derivatives, after item 1)
    Insert: