Dodd-Frank Disclosure Requirements
Some of the Disclosures below relate to the requirements under regulations promulgated by the CFTC and SEC under Dodd-Frank. The General Disclosure Statement and each of the Annexes (together, the “ISDA DF Disclosure”) contain standard form disclosures intended to relate primarily to the requirements promulgated by the CFTC and SEC. Persons that intend to use the ISDA DF Disclosure in connection with such or other regulatory requirements should consult legal counsel and risk personnel regarding the appropriateness of the ISDA DF Disclosure for them, their counterparties and their transactions. Each user should consider how any additional disclosure that it may choose to make will relate to the ISDA DF Disclosure.
Dodd-Frank Disclosure Documents – click here
The European Market Infrastructure Regulation (EMIR) Requirements
The Article 39(7) Disclosure Documents facilitate compliance with certain obligations under Article 39(7) of EMIR where clearing members are providing services that involve clearing derivatives through an EU CCP. The document has been made available to allow clearing members to use it in its current form; however, the document may be subject to change. See further EMIR documentation here.
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Click here to view/download PDF
Click here to view/download DocX
The Securities Financing Transactions Regulation (SFTR) Requirements
The SFTR Information Statement is a template disclosure document for use by market participants to inform their counterparties of the general risks and consequences that may be involved in consenting to a right of use of collateral provided under a security collateral arrangement or of concluding a title transfer collateral arrangement. Market participants can tailor the statement to suit their own specific circumstances. The document has been drawn up in response to the SFTR, which come into force from July 13, 2016 and will affect all existing and future title transfer and security collateral arrangements under a variety of financial agreements.
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Click here to view/download SFTR Information Statement DOC – published May 13, 2016
Previous versions and blacklines:
Click here to view/download SFTR Information Statement blackline PDF – blackline of version published May 13, 2016 against version published April 13, 2016
Click here to view/download SFTR Information Statement DOC – published April 13, 2016
SFTR Contact Details Database
Upon member request ISDA has coordinated and collated the contact details from various entities which can be used when a party is providing an SFTR Information Statement to a counterparty. In order to access this database please click on the link below.
SFTR Information Statement Contact Details Database – click here
Latest
ISDA In Review – January 2025
A compendium of links to new documents, research papers, press releases and comment letters published by ISDA in January 2025.
Episode 48: ISDA at 40
To mark ISDA’s 40th anniversary, The Swap meets two pioneers of the derivatives market, Tom Jasper and Jeffrey Golden, to discuss the emergence of derivatives and the importance of standards. Please view this page via Chrome to access the recording.
Updated OTC Derivatives Compliance Calendar
ISDA has updated its global calendar of compliance deadlines and regulatory dates for the over-the-counter (OTC) derivatives space.
Response on Options and Discretions
On January 24, ISDA and the Association for Financial Markets in Europe (AFME) responded to the European Central Bank’s (ECB) consultation on its approach to options and discretions under EU law. In the response, the associations highlight the efforts of...