| Notice to Members |
| Notice No. 42 01/19/2007 |
| Amendment of COMEX Division Rule 104.36, Exchange for Physicals |
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Please be advised that effective on Monday, January 22, 2007, COMEX Division Rule 104.36, Exchange for Physicals ("EFPs") has been amended to provide a process for direct submission of EFP transactions by Clearing Members (amendments follow below). Also attached is a summary of the specific procedures, as well as the form that Clearing Members must use to effect such submission (click here for form). Generally, the procedures provide for facsimile submission of the EFP information to the COMEX Trade Processing area by 4:30 PM on business days that the trading floor is open.
COMEX Rule 104.36, Exchanges for Physicals (a) General Rule. An exchange of physical commodities for futures contracts ("EFP") shall be permitted by arrangement between members in accordance with the requirements of this Rule. (b) Parties to an EFP. An EFP may be consummated between two parties if one of the parties is the buyer of the physical commodity and the seller of the futures contract, and the other party is the seller of the physical commodity and the buyer of the futures contract. (c) Simultaneity of Transfer. The purchase and sale of the futures contract shall be simultaneous with the sale and purchase of an equal quantity of the physical commodity. (d) Ownership of Commodity. The seller of the physical commodity must have either possession or a contractual right to future possession of the physical commodity at the time of entry into the EFP. (e) Equivalent Physical Commodities. For purposes of this Rule, the physical commodity (1) need not comply with the specifications therefore contained in the futures contract which is being exchanged, but need only be substantially the economic equivalent thereof, and (2) may not be a futures contract or a contract for future delivery traded on a "designated contract market" as that term is used and defined under the Act. (f) Price of EFP. An EFP may be transacted at such prices as is mutually agreed upon by the two parties to the EFP. (g) Reports and Recordkeeping. (1) Each EFP entered into during regular floor trading hours shall be reported by floor members to an Exchange employee designated for that purpose by no later than the close of regular floor trading hours on the day the transaction is effected. Additionally, Clearing Members may directly submit EFP transactions to the COMEX Trade Processing Area as per procedures specified by the Exchange. Each EFP entered into after the close of regular floor trading hours or after the deadline for Clearing Member submission(B) Each member or member firm which has reported or cleared an EFP on behalf of a customer shall provide to the Exchange such documentation of an EFP and any cash commodity transaction related thereto as the Exchange may request. |
| Should you have any questions or require any further information, please contact exchangeinfo@nymex.com |