Background

ASIC Over the Counter (“OTC”) derivatives reporting regulations are designed to make the OTC derivatives markets more transparent by requiring counterparties to these transactions to report trades, positions, collateral and valuations to a derivative trade repository (trade repositories). All counterparties with reporting obligations under the DTRs must have a Legal Entity Identifier (“LEI”) in order to report. However, only IB Australia (“IBAU”) clients who have been permitted to trading in these OTC products and are operating as non-individual entities (e.g. corporations, corporate trusts, etc) are required to have an LEI.

An OTC derivative is a derivative that is not traded:

a) on a financial market that is:

subject to ASIC supervision under Pt 7.2A of the Corporations Act (such as ASX 24);

registered by the US Commodity Futures Trading Commission as a ‘designated contract market' under s5h of the Commodity Exchange Act 1936 (US); or

a regulated market’ as defined in Article 4(1)(21) of the Markets in Financial Instrument Directive 2014/65/EU (MIFID 11); or

b) on certain regulated markets (referred to as ‘regulated foreign markets’) that ASIC has determined are subject to sufficiently equivalent requirements and supervision.

For more details please refer to:

https://asic.gov.au/regulatory-resources/markets/otc-derivatives/frequently-asked-questions/

An example of an OTC products for IBAU clients are the IBAU issued CFDs (Contracts for Difference).

All IBAU clients who are subject to the DTR regulations and who require an LEI will see the LEI Election form upon logging into Account Management. Note that you will only see the LEI Form once upon logging into Account Management; once you make your election, you will not see the form again upon subsequent Account Management logins.

Who is Subject to the DTR Regulation?

All IBAU clients operating as non-individual accounts (e.g. corporations, corporate trusts, etc.) are required to comply with DTR obligations. In this context, non-individual means any account which is owned by one or two individuals as stated in the account title. Individual accounts in the name of a single person are not subject to DTR and so will not have access to this page.

Original LEI Elections

If you are subject to the DTR regulations and are an entity or corporate client and have not already made your LEI election, when you log into Account Management, you will be prompted to do so.

If you have an IBAU account; you can elect to:

• Instruct us to apply for LEI on your behalf. You will be prompted to fill out a simple form and sign an agreement. Obtaining an LEI can take up to three days.
• Provide your LEI, which you have already obtained. You will be prompted to enter your LEI.
• Do nothing (you do not have an LEI and you are not subject to the DTR regulation).

NOTE: THE INFORMATION ABOVE IS NOT INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE GUIDANCE AND IT IS NOT A DEFINITVE INTEPRETATION OF THE REGULATION BUT A SUMMARY OF THE ASIC DERIVATIVE TRANSACTION REPORTING.