Document ID: chunk:federal_register_of_legislation:F2024C01137:reg:2:p1
Version: federal_register_of_legislation:F2024C01137
Segment Type: reg
Provision Reference: reg 2 (pt 1/6)
Character Range: 20797–24029

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

            3.    a CS Facility Licensee; or

            4.   an Exempt Foreign Licensee.

1.2.6 References to Licensed Repositories or Prescribed Repositories
(1) A reference in these Rules to reporting information about a Reportable Transaction to a Licensed Repository, is a reference to reporting the information to a Licensed Repository, the Licence for which authorises the Licensed Repository to provide services in respect of a class of Derivatives that includes the Derivatives to which the Reportable Transaction relates.
(2) A reference in these Rules to reporting information about a Reportable Transaction to a Prescribed Repository, is a reference to reporting the information to a Prescribed Repository that is prescribed in relation to a class of Derivatives that includes the Derivatives to which the Reportable Transaction relates.
Note: See subsection 901A(6) and paragraph 905F(4)(b) of the Act.

Chapter 2: Reporting Requirements

Part 2.1 Application

2.1.1 Application
This Chapter imposes obligations on Reporting Entities to report their Reportable Transactions to Licensed Repositories and Prescribed Repositories.

Part 2.2 Reporting Requirements

2.2.1 Transaction Reporting Requirements

Core Transaction Reporting Requirements
(1) Subject to subrules (2) to (4), Rule 2.2.8 and Part 2.4, a Reporting Entity must report, for each of its Reportable Transactions, the Derivative Transaction Information set out in Part S1.3 of Schedule 1 to a Licensed Repository, or, if there is no Licensed Repository, to a Prescribed Repository and must report the information in accordance with the requirements of this Part.
     (1A) A Reporting Entity must use its best endeavours to ensure that a report about:
         1.         a Reportable Transaction made under subrule (1) is not a duplicated report; and
         2.        a change to the information reported about an OTC Derivative that does not constitute a Reportable Transaction is not a duplicated report.
           Note 1: Changes to reported information about an OTC Derivative may not be a Reportable Transaction, but those changes must also be reported: See Rule 2.2.2.
           Note 2: A report of a change or changes to valuation or collateral information where the amounts reported do not change but the date or date and time at which the reported valuation or collateral amounts were determined has changed is not a duplicated report.
           Note 3: A report of a change to the way a