Art. 113

(Art. 116 FinMIA)

1. Financial and non-financial counterparties shall regulate, in writing or in another form that that allows for proof by text, the processes with which they ensure fulfilment of the duties with respect to:¹
   1. clearing via a central counterparty (Art. 97 FinMIA);
   2. determining thresholds (Art. 100 FinMIA);
   3. reporting to a trade repository (Art. 104 FinMIA);
   4. risk mitigation (Art. 107 FinMIA);
   5. trading via trading venues and organised trading facilities (Art. 112 FinMIA).
2. Non-financial counterparties which do not want to trade in derivatives may set out this resolution in writing or in another form that that allows for proof by text, in which case they are exempt from the duty set out in paragraph 1.²
3. Financial counterparties appointed by other financial or non-financial counterparties to implement their duties shall regulate the corresponding processes in accordance with paragraph 1 by analogy.