Article 18 (Article 11(14)(c) of Regulation (EU) No 648/2012)Details of the intragroup transaction notification to the competent authority
- (1)
The application or notification to the competent authority of the details of the intragroup transaction shall be in writing and shall include:
- (a)
the legal counterparties to the transactions including their identifiers in accordance with Article 3 of Implementing Regulation (EU) No 1247/2012;
- (b)
the corporate relationship between the counterparties;
- (c)
details of the supporting contractual relationships between the parties;
- (d)
the category of intragroup transaction as specified under paragraph 1 and points (a) to (d) of paragraph 2 of Article 3 of Regulation (EU) No 648/2012;
- (e)
details of the transactions for which the counterparty is seeking the exemption, including:
- (i)
the asset class of OTC derivative contracts;
- (ii)
the type of OTC derivative contracts;
- (iii)
the type of underlyings;
- (iv)
the notional and settlement currencies;
- (v)
the range of contract tenors;
- (vi)
the settlement type;
- (vii)
the anticipated size, volumes and frequency of OTC derivative contracts per annum.
- (i)
- (a)
- (2)
As part of its application or notification to the relevant competent authority, a counterparty shall also submit supporting information evidencing that the conditions of Article 11(8) and (9) of Regulation (EU) No 648/2012 are fulfilled. The supporting documents shall include copies of documented risk management procedures, historical transaction information, copies of the relevant contracts between the parties and may include a legal opinion upon request from the competent authority.