Ordinance on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading

(Art. 104 FMIA)

¹De­riv­at­ives trans­ac­tions with parties that are ex­emp­ted from the pro­vi­sions on de­riv­at­ives trad­ing are to be re­por­ted by the coun­ter­party sub­ject to the le­gis­la­tion.

²Sub­ject to Art­icle 104 para­graph 4 FMIA, cent­rally cleared trans­ac­tions that are traded via a trad­ing ven­ue or an or­gan­ised trad­ing fa­cil­ity are to be re­por­ted by the coun­ter­party closest to the cent­ral coun­ter­party in the trans­ac­tion chain.

³The defin­i­tion of selling coun­ter­party shall be based on con­ven­tion­al in­dustry and re­cog­nised in­ter­na­tion­al stand­ards, whereby agree­ment on an­oth­er in­ter­pret­a­tion re­mains re­served.

⁴A coun­ter­party may sub­mit data to a trade re­pos­it­ory in Switzer­land or abroad without the ap­prov­al of, or without in­form­ing, its coun­ter­party or an end cli­ent, as long as this is done in ful­fil­ment of the du­ties set out in Title 3 FMIA, whereby Art­icle 105 para­graph 4 FMIA re­mains re­served.