PART 2EXCLUDED ACTIVITIES AND EXCEPTIONS
Derivatives: forward contracts and swaps10.
(1)
The requirements listed in this article are that the transaction is—
(a)
a currency swap,
(b)
an interest rate swap, or
(c)
a forward contract relating to currencies or commodities, where the relevant contract specifies—
(i)
the description and amount of the currency or commodity concerned;
(ii)
the date when delivery will be made or when settlement will be made in cash; and
(iii)
the exchange rate or commodity price which will apply.
(2)
For the purposes of this article—
(a)
“currency swap” means a transaction under which—
(i)
one person (“A”) agrees with another person (“B”) that A will at a specified date pay to B a specified amount in one specified currency, and B will pay A that amount in another specified currency, calculated by reference to a specified exchange rate, and
(ii)
the amount concerned may consist of a specified principal amount and interest calculated at a specified fixed or floating rate;
(b)
“forward contract” means a contract for the sale of a commodity, currency or property of any description (including futures, whether or not traded on an exchange or trading venue) under which delivery is to be made at a future date and at a price agreed on when the contract is made;
(c)
“interest rate swap” means a transaction under which—
(i)
one person (“A”) agrees with another person (“B”) that A is liable to pay to B an amount equal to interest calculated by reference to an interest rate on a specified notional sum over a specified period, and that B is liable to pay to A an amount equal to interest calculated by reference to a different interest rate on that notional sum, and
(ii)
the interest rates in question are either specified (in the case of a fixed interest rate), or determined in relation to a specified reference rate (in the case of a floating interest rate);
(d)
“reference rate” means a foreign exchange or interest rate which is offered on an inter-bank market, or which is set out in an index published by any person who is not one of the parties to the contract;
(e)
“specified” means specified in the transaction agreement.