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ARTICLE · 03 JULY 2023

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Derivatives Laws And Regulations 2023

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Please provide an overview of the documentation (or framework of documentation) on which derivatives transactions are typically entered into in your jurisdiction.

Hong KongFinance and Banking
Vincent Sum
Vincent Sum
Sylvia K. Y. Leung
Sylvia K. Y. Leung
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1. Documentation and Formalities

1.1 Please provide an overview of the documentation (or framework of documentation) on which derivatives transactions are typically entered into in your jurisdiction. Please note whether there are variances in the documentation for certain types of derivatives transactions or counterparties; for example, differences between over-the-counter ("OTC") and exchange-traded derivatives ("ETD") or for particular asset classes.

In Hong Kong, derivatives transactions are typically documented using the framework of documentation published by the International Swaps and Derivatives Association ("ISDA").

OTC derivatives are customised contracts entered directly between two counterparties, and their documentation would typically include ISDA Master Agreements (1992 or 2002 versions), Credit Support Annex or Credit Support Deed where credit support is involved, and Confirmations that outline the commercial and other specific terms of the

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