Art. 92

(Art. 104 FinMIA)

1. Derivatives transactions with parties that are exempted from the provisions on derivatives trading are to be reported by the counterparty subject to the legislation.
2. Subject to Article 104 paragraph 4 FinMIA, centrally cleared transactions that are traded via a trading venue or an organised trading facility are to be reported by the counterparty closest to the central counterparty in the transaction chain.
3. The definition of selling counterparty shall be based on conventional industry and recognised international standards, whereby agreement on another interpretation remains reserved.
4. A counterparty may submit data to a trade repository in Switzerland or abroad without the approval of, or without informing, its counterparty or an end client, as long as this is done in fulfilment of the duties set out in Title 3 FinMIA, whereby Article 105 paragraph 4 FinMIA remains reserved.