The Trading Agreement is essential for establishing formalized trading relationships under Swiss law, particularly in financial markets and commodities trading. It is commonly used when parties need to establish a long-term trading relationship with clear terms for execution, settlement, and risk management. The agreement incorporates requirements from Swiss financial regulations, including the Financial Market Infrastructure Act and Swiss Code of Obligations, making it suitable for both domestic and international trading relationships where Swiss law governs. This document is crucial for ensuring regulatory compliance while providing a robust framework for trading activities, risk allocation, and dispute resolution.
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1. Parties: Identification and details of the trading parties, including registration numbers and addresses
2. Background: Context of the trading relationship and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement, including trading-specific terminology
4. Scope of Trading: Description of the trading activities covered by the agreement
5. Trading Process: Procedures for placing orders, confirmations, and execution of trades
6. Pricing and Payment: Terms related to pricing methodology, payment terms, invoicing, and settlement
7. Representations and Warranties: Standard and trading-specific warranties from both parties
8. Obligations of the Parties: Key responsibilities and obligations of each party
9. Risk Allocation: Distribution of risks between parties, including market risks
10. Default and Termination: Events of default, remedies, and termination provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Force Majeure: Circumstances excusing performance of obligations
13. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Credit Support: Used when parties require collateral or other credit support arrangements
2. Electronic Trading: Include when trading will be conducted through electronic platforms
3. Market Disruption: Required for financial instruments or commodities trading to address market disruption events
4. Regulatory Compliance: Include detailed regulatory compliance provisions if trading regulated products
5. Tax Provisions: Detailed tax clauses needed for cross-border trading or specific tax-sensitive products
6. Service Levels: Include when specific performance metrics or service levels are required
7. Data Protection: Detailed data protection provisions when processing personal data
8. Anti-Money Laundering: Specific AML provisions for financial instrument trading
1. Products and Services: Detailed description of traded products or services
2. Pricing Schedule: Detailed pricing mechanisms, formulas, and methodologies
3. Technical Requirements: Technical specifications for trading systems or interfaces
4. Operating Procedures: Detailed procedures for day-to-day trading operations
5. Form of Trade Confirmation: Template for trade confirmations
6. Authorized Traders: List of authorized personnel who may conduct trades
7. Credit Support Documentation: Forms and procedures for credit support if applicable
8. Compliance Requirements: Detailed regulatory compliance procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Commodities Trading
Energy Trading
Securities Trading
Foreign Exchange
Investment Management
Banking
Derivatives Trading
Metals Trading
Agricultural Trading
Relevant Teams
Legal
Compliance
Trading Operations
Risk Management
Finance
Treasury
Business Development
Regulatory Affairs
Front Office
Middle Office
Back Office
Documentation
Relevant Roles
Head of Trading
Legal Counsel
Compliance Officer
Risk Manager
Trading Operations Manager
Chief Financial Officer
Business Development Manager
Contract Manager
Trading Desk Manager
Regulatory Compliance Manager
Treasury Manager
Operations Director
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