OTC EUROPE, LLP
LEGACY EXCHANGE RULE:
Parties to any EFRP transaction must maintain all documents relevant to the Exchange contract and the cash, OTC swap, OTC option, or other OTC derivatives, including all documents customarily generated in accordance with relevant market practices and any documents reflecting payment and transfer of title. Any such documents must be provided to the Exchange upon request, and it shall be the responsibility of the carrying clearing member firm to provide such requested documentation on a timely basis.
Pursuant to an offer of settlement OTC Europe, LLP (“OTC Europe”) presented at hearing on July 16, 2015, in which OTC Europe neither admitted nor denied the rule violations upon which the penalty is based, a Panel of the NYMEX Business Conduct Committee (“Panel”) found that it had jurisdiction over OTC Europe pursuant to Rules 402 and 418, and that on trade date December 10, 2013, OTC Europe brokered an EFRP transaction that did not contain adequate documentation of the related swap transaction, and therefore was not a bona fide EFRP.
The Panel found that as a result, OTC Europe violated Legacy Exchange Rule 538.H.
In accordance with the settlement offer, the Panel ordered OTC Europe to pay a fine to the Exchange in the amount of $10,000.
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