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You are viewing the version of the document as on 2099-07-01.

MAR 12.1 Purpose and application

Purpose

MAR 12.1.1 G

1The purpose of this chapter is to specify the eligible post-trade risk reduction services giving rise to exemptions to one or more relevant obligations and transparency obligations.

MAR 12.1.2 G

1The rules in this chapter also set out applicable conditions for activities or transactions carried out as part of a post-trade risk reduction service to be exempt from one or more of the relevant obligations or transparency obligations.

Application

MAR 12.4 Characteristics of an eligible post-trade risk reduction service

MAR 12.4.1 R

1A PTRRS meets the criteria for the purposes of MAR 12.2 and MAR 12.3 where it:

  1. (1)

    is provided by a post-trade risk reduction service provider which is not:

    1. (a)

      affiliated to the market participants to whom the service is provided; and

    2. (b)

      a party to a transaction resulting from the PTRRS;

  2. (2)

    is operated on the basis of non-discretionary rules set in advance by the post-trade risk reduction service provider that are based on specified parameters; and

  3. (3)

    results in a transaction that binds all the participants.

MAR 12.5 Applicable conditions for a post-trade risk reduction service provider to be exempt from the relevant obligations and transparency obligations

MAR 12.5.1 R

1A post-trade risk reduction service provider must perform a PTRRS in accordance with an eligible agreement.

MAR 12.5.2 R
  1. (1)

    1A post-trade risk reduction service provider must make public in relation to its service of portfolio compression:

    1. (a)

      the total number of transactions and aggregate volume submitted for compression; and

    2. (b)

      the total number of transactions and aggregate volume of derivatives terminated or modified.

  2. (2)

    A post-trade risk reduction service provider must make public in relation to its PTRRS, other than portfolio compression:

    1. (a)

      the total number of new derivatives transactions; and

    2. (b)

      the value of these transactions expressed in terms of aggregate volume.

  3. (3)

    A post-trade risk reduction service provider must make public the information in (1) and (2) no later than the close of the following business day after a risk reduction has been completed.

MAR 12.5.3 R

1A post-trade risk reduction service provider must maintain complete and accurate records of all the PTRRS which they organise or participate in and make the records available to the FCA promptly upon request.

MAR 12.6 Notification requirement

MAR 12.6.1 R

1A person must, prior to providing a PTRRS for the first time, notify the FCA of:

  1. (1)

    its intention to rely upon the exemption in MAR 12.2.1R and MAR 12.3.1R;

  2. (2)

    the details of each type of eligible post-trade risk reduction service that it provides; and

  3. (3)

    a variation in the type of eligible post-trade risk reduction service it provides.

MAR 12.6.2 R
MAR 12.6.3 G

1A notification under MAR 12.6.1R and MAR 12.6.2R should be by way of electronic mail to an address for the firm’s usual supervisory contact or online submission via the FCA’s website at www.fca.org.uk, in accordance with SUP 15.7.5AR.