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Thursday, March 18, 1999
LME clarifies on give-up agreements
London, Mar 17: The London Metal Exchange (LME) issued a guidance for commodity trade advisors (CTAs) on give-up agreements after it noticed problems in the interpretation of current rules, the exchange said.A give-up occurs when a client instructs an LME member to give-up an uncleared contract to another member so the contract can be cleared and eventually settled. "It is apparent that there is confusion over the interaction of the CTA and LME members," the LME said. Members were ring dealers, associate broker clearers or associate broker members. "If a CTA is acting as an intermediary it must be on the basis that it fully discloses the underlying customer to the clearing member. Members cannot be counterparty to undisclosed principals," the LME said. In its statement the LME said members must have:- A written agreement with the customer, which includes details of the arrangements between the carrying member and executing member, A written agreement with the carrying/executing member confirmingthe name of the customer, Confirmation from the carrying member that they have a written agreement with the customer and that they have carried out all of the appropriate regulatory and legal procedures. Confirmation from the executing member that it has a written agreement with the customer.The LME said the customer name must be the same in the records of both the carrying and the executing member. CTAs that were registered with the National Futures Association in the U.S. were restricted by their regulator to the role of advisors and could not be principals to LME contracts, the LME said. It added that this precluded them from acting as a customer on LME give-up agreements. "Members should determine their regulatory status before accepting them as customers," the LME said. Earlier, the LME had proposed that its members should report large positions in traded options for all strikes, rather than just for strikes in a band around the "at-the-money" level. In a letter to members, AlanWhiting, the LME executive director, regulation and compliance, had made it clear that members have been reporting option positions for strikes within a band which is 10 per cent above and below the "at-the-money" level. "As a result, information on options whose strikes are outside this band are not currently reported," Whiting said. He said this unreported information can be significant in the assessment of potential effects of option positions on the underlying market. "It is therefore proposed that positions for all strikes should be reported," he said. "Members will be required to report option positions without any future offsets, strike by strike, irrespective of the size of the positions or whether these are puts or calls or longs or shorts, unless the aggregate sum of option positions, for all strike prices in `absolute lots' (IE aggregated puts/calls/longs/shorts) is below the reporting limit for that metal," he added. The LME proposed that for its new silver and LME metal index contracts thereporting thresholds be set initially at 10 lots, although as the contracts became established and volumes rose these thresholds could be reviewed. It hoped that the new procedure could be implemented from July 1, 1999 and it invited comments, saying that the consultation period would close on April 23, 1999. Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.

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