Agreement End User With Material Swap Exposure

State:
Multi-State
Control #:
US-03107BG
Format:
Word; 
Rich Text
Instant download

Description

Limited warranties are governed by federal and state laws, which vary by state, and provide a measure of protection for consumers of various products and services that they will perform their intended uses and live up to claims made. Under the Uniform Commercial Code (UCC), which has been adopted in some form by almost all states, liability for breach of warranty is based on seller status. Manufacturer, distributor, and retailer could all be jointly and severally liable, so that the full amount of damages could be collected from one or any of them. The distributor and retailer may be able to escape liability if the manufacturer is not bankrupt. Purchasers, consumers, users, and even bystanders are entitled to sue in most states for breach of warranty.
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FAQ

Entities that are non-financial end-users of swaps (i.e., that are not financial entities) are allowed to rely on the end-user exception.

Regulation around UMR came about as a response to the financial crisis of 2008-2009. One of the r that was recommended was the implementation of margin requirements for non-centrally cleared derivatives. The in-scope OTC derivatives include FX options, NDFs, physical FX forwards, swaptions and hedging trades.

Under the CFTC's rules, financial end user means anycounterparty that is not a swap dealer or a major swap.

The counterparty is registered with the CFTC as a swap dealer. The end user is a Financial End User (as defined in the PR or the CFTC IM Rules). The end user is not an affiliate of its swap dealer counterparty.

1. Under the U.S. prudential regulators' rules, financial end. user means any counterparty that is not a swap dealer, a. security-based swap dealer, a major swap participant or.

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Covered counterparty means a financial end user with material swaps exposure or a swap entity that enters into a swap with a covered swap entity. "Material Swaps Exposure".Enter into the latest International Swaps and Derivatives Association ("ISDA") DoddFrank Protocols or otherwise amend existing swap agreements;.

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Agreement With Material