2017 Standard Give-Up Agreements


The FIA Law and Compliance Division publishes and periodically updates standard agreement templates governing the futures give-up process. FIA Tech in turn administers Accelerate Docs TM (formerly the Electronic Give-Up System (EGUS) 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 TMThe Standard Give-Up Agreements are available for download here. 

The versions immediately below were updated in November 2017 and are the standard template agreements used in Accelerate Docs TM. Also available is a memo from the Law and Compliance Division summarizing the updates made to the 2017 versions of the template agreements from the prior 2008 versions. We have archived the 2008 versions of the agreements and provided blacklines comparing the 2017 and 2008 versions. 

The Law and Compliance Division also makes available a more tailored set of standard, template 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 standard, template LME Give-Up Agreements are available in the LME Give-Up Agreements section of the US Documentation Library.

The Give-Up Screening Agreement is housed in the Client Clearing and Execution Agreements area of the US Documentation Library.

 

FIA L&C Memo re Updated 2017 Template Give-Up Agreements and Enhanced Definitions

Give-Up Agreement 2017 Enhanced Definitions

 

2017 Standard Agreement: Customer Version Word / PDF

2017 Standard Agreement: Trader Version Word / PDF 

2017 Standard Agreement: Trader Order Passing Broker Version Word / PDF

2017 Standard Agreement: Customer Order Passing Broker Version Word / PDF

 

2008 Versions 

Blacklines (2017 vs 2008)

 

The below standard, template Separately Agreed Give-Up Billing Agreement is intended to assist firms with adding, updating, or removing rates to or from a rate schedule associated with a Give-Up Agreement. Firms may choose to use this Billing Agreement manually in hardcopy form or electronically in Accelerate Docs TM.

 

Billing Agreement / Billing Agreement

 

Finally, please note the below standard, template BRRD clauses which firms may use manually in hardcopy form or electronically in Accelerate Docs TM.

 

FIA standard BRRD Article 55 Give-Up Agreement clause – EU version

FIA standard BRRD Article 55 Give-Up Agreement clause – UK version

FIA standard BRRD Article 55 Give-Up Agreement clause – Hybrid version

 

Disclaimer: None of the information provided by FIA or its members, including, without limitation, any of the versions of the Standard Give-Up Agreements, or documents related thereto, are intended to provide investment, tax, business, legal or professional advice, including, but not limited to, advice regarding what specific limits may apply to any trading. Neither FIA or its members make any representations, warranties, or guarantees as to any information provided, including, without limitation, any of the versions of the Standard Give-Up Agreements, or documents related thereto, or any of such agreements’ or documents’ contents. 

 

CAUTION:  ALL VERSIONS OF THE STANDARD GIVE-UP AGREEMENTS, AND DOCUMENTS RELATED THERETO, ARE DESIGNED AS BASIC DOCUMENTS FOR MARKET PARTICIPANTS ENGAGING IN GIVE-UPS.  NONE OF THE STANDARD GIVE-UP AGREEMENTS, OR DOCUMENTS RELATED THERETO, ARE INTENDED TO SERVE AS ALL ENCOMPASSING DOCUMENT(S) FOR USE BY ALL PARTIES UNDER ALL CIRCUMSTANCES.  PARTIES SHOULD CAREFULLY CONSIDER THE FULL SCOPE OF REGULATORY (INCLUDING, WITHOUT LIMITATION, EXCHANGE) AND COMMERCIAL TERMS THAT MAY BE APPLICABLE TO THEIR PARTICULAR CIRCUMSTANCES AND MAY ELECT TO ENTER INTO MORE DETAILED AND/OR REVISED AGREEMENTS AT THE OUTSET OR DURING THE COURSE OF THEIR RELATIONSHIP(S).

 

For questions specifically relating to the standard give-up agreements, please contact Natalie Tynan.