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ISDA Expands ISDA Clause Library To Cover Collateral Documentation Date 25/05/2021 ISDA has today announced the expansion of the ISDA Clause Library to cover ISDA’s collateral documentation, a development that will bring greater efficiency and standardization to the negotiation and collateral management process. The expansion follows the publication of the ISDA Clause Library for the ISDA Master Agreement in June 2020, which was aimed at bringing greater consistency in the drafting of clauses when there is no need for customization. By adding standard drafting options for frequently negotiated provisions within ISDA’s collateral documentation, the ISDA Clause Library will further reduce complexity within industry standard documentation, make contract negotiation quicker and more efficient, and improve the consistency and accuracy of legal agreement data. ....
May 7, 2021 by Scott Hood Additionally, parties can include certain contractual language agreeing that an electronic version of a contract (or other document), or the electronic digital storage of such document, is valid. The following example provision can be included in a commercial contract: The eIDAS Regulation defines qualified electronic signature as qualified electronic signature means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures. The U.S. Code defines an electronic signature for the purpose of US law as “an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”[23] It may be an electronic transmission of the document which contains the signature, as in the case of facsimile transmissions, or it may be encoded messag ....
I. A Growing Risk The United States, along with the United Kingdom and European Union, has increasingly wielded economic sanctions against major commercial actors and financial transactions, sometimes roiling global markets in the process. It is now common for sanctions to target not only rogue regimes, terrorists, and drug traffickers, but also major corporations that are deeply integrated into international financial markets – including derivatives markets. For evidence of this trend, one need look no further than the November 12, 2020 Executive Order (“E.O.”) “on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The Order prohibits transactions by U.S. persons in the securities of identified Communist Chinese military companies (“CCMCs”), including “any securities that are derivative of, or are designed to provide investment exposure to such securities.” ....
Reckoning with the Impact of Economic Sanctions on Derivatives Transactions natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.