Pursuant to the Dodd Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”), prior to entering a swap transaction (“Transaction”), The Bank of New York Mellon (“BNY Mellon” or “we”) as a swap dealer must provide you with several disclosures.
General Disclosures and Product Specific Disclosures
The International Swaps and Derivatives Association (“ISDA”) has created standard industry product specific risk disclosures to capture the general risks of Transactions on the reference assets listed below.
- General Disclosure Statement for Transactions
- Commodity Derivatives Disclosure Annex
- Credit Derivatives Disclosure Annex
- Equity Derivatives Disclosure Annex
- Foreign Exchange Disclosure Annex
- Interest Rates Swaps Disclosure Annex
- IBOR Alternative Reference Rates Disclosure
- Asset-Backed Security Derivative Disclosure Annex
The links connect you to the latest published documents. However, from time to time ISDA may update these documents, therefore please also refer to the ISDA Disclosure Website to ensure that you are familiar with the latest versions.
Material Characteristics and Economic Terms
The agreed upon terms of any Transaction that we enter with you will be set forth in the confirmation or other agreement evidencing the Transaction, including the terms incorporated by reference therein. With respect to the material terms and characteristics of any Transaction entered or to be entered into between BNY Mellon and you, you should also refer to the applicable transaction level and relationship level documentation, including, without limitation, any term sheet, confirmation, master agreement, or master confirmation agreement.
If you believe that a material term of the Transaction has not been provided to you, please contact your usual BNY Mellon sales representative, who will provide this information to you upon request. Relevant documentation provided by BNY Mellon may incorporate by reference certain other documents and definitions, including those published by ISDA which can be made available upon request, and are also available on ISDA’s website.
It is your responsibility to notify your usual BNY Mellon sales contact if you have any additional questions regarding any Transaction that have not been otherwise addressed by the information and documents that have been provided to you prior to your entry into the Transaction. By entering a Transaction, you will be deemed to acknowledge that you have received prior to entry into such Transaction and in a manner acceptable to you, disclosures, notifications and other information sufficient for you to evaluate the material characteristics of the Transaction, including the material economic terms of the Transaction, operational terms and the rights and obligations of the parties during the term of the Transaction.
Other Dodd Frank Disclosures
- Disclosure for Pre-Negotiated Pricing Agreement Transactions
- Supplemental Disclosure Statement
- Notice Regarding Complaints
- Memoranda on Current Security-based Swap Clearing
Copyright Notice
In no event may any copyright or trademark notice from the International Swaps and Derivatives Association, Inc. ("ISDA") be removed on these disclosures. This instrument's use should be undertaken only after securing appropriate legal advice on its provisions and ISDA makes no warranty or assurance, express or implied, concerning this instrument's suitability for use in any particular transaction and bears no responsibility or liability whatsoever, whether in tort or in contract, in respect of any use of this instrument.