About the US Documentation Library
FIA’s US Documentation Library contains a wide range of guidance documents and template agreements and disclosures, separated by categories as set forth below.
Client Clearing and Execution Agreements –
FIA offers template agreements for market participants to use in negotiating clearing- and execution-related agreements with counterparties.
Standard Give-Up Agreements –
The FIA Law and Compliance Division publishes and periodically updates standard agreements governing the futures give-up process. FIA Tech in turn administers the Accelerate Docs through which brokers, traders and customers may electronically execute the standard give-up agreements. Firms may choose to use the standard agreements either manually in hardcopy form or electronically in Accelerate Docs.
LME Give-Up Agreements –
In addition to the Standard Trader and Customer Versions of the Give-Up Agreement, the FIA Law & Compliance Division makes available more tailored versions of give-up agreements for transactions executed on the London Metal Exchange (LME), where either or both the direct Executing or Clearing Broker is not an LME member firm. The LME Give-Up Agreements come in trader and customer versions and are specifically designed to comply with the LME’s rules.
EFRP and Block Agreements –
The original International Uniform EFP Transactions Agreements (“EFP Agreements”) were developed by the FIA Law and Compliance Division in consultation with the Managed Funds Association (“MFA”) and several U.S. and U.K. exchanges. The FIA Law and Compliance Division is now publishing International Uniform EFRP and Block Transactions Agreements. These new/revised agreements are designed to assist with facilitation of the documentation of EFRP and/or block transactions.
US Legal Opinions –
FIA offers legal opinions to assist members in meeting their regulatory capital and accounting requirements. The U.S. netting opinions address the effectiveness of close-out netting provisions, set-off provisions and title transfer collateral provisions in specified jurisdictions for U.S. entities registered with the U.S. Commodity Futures Trading Commission.
Operational and Technology Guidance –
FIA from time to time publishes guidance for members, their customers and market participants on significant operational and technological issues affecting the U.S. futures, options and cleared derivatives markets.
Regulatory Disclosures –
FIA offers template disclosures to assist members in making certain regulatory disclosures to customers. Use of the disclosures is voluntary, and firms are free to modify the disclosures as appropriate based on their legal and business needs.
Regulatory Guidance –
FIA from time to time publishes guidance for members, their customers and market participants on significant laws, regulations and compliance issues affecting the U.S. futures, options and cleared derivatives markets.
For general questions about the US Documentation Library, please contact Michael Sorrell.
For questions specifically relating to the standard give-up, LME give-up and EFP agreements, please contact Natalie Tynan.