§ 371.4. Content of records.
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/us/cfr/t12/s§ 371.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Limited scope entities. Except as provided in § 371.6, a limited scope entity must maintain (at the election of such records entity) either the records described in paragraph
(b)of this section or the following records:
(1)The position-level data listed in Table A-1 in Appendix A of this part with respect to each QFC to which it is a party, without duplication.
(2)The counterparty-level data listed in Table A-2 in Appendix A of this part with respect to each QFC to which it is a party, without duplication.
(3)The corporate organization master table in Appendix A of this part for the records entity and its affiliates.
(4)The counterparty master table in Appendix A of this part with respect to each QFC to which it is a party, without duplication.
(5)All documents that govern QFC transactions between the records entity and each counterparty, including, without limitation, master agreements and annexes, schedules, netting agreements, supplements, or other modifications with respect to the agreements, confirmations for each QFC position that has been confirmed and all trade acknowledgments for each QFC position that has not been confirmed, all credit support documents including, but not limited to, credit support annexes, guarantees, keep-well agreements, or net worth maintenance agreements that are relevant to one or more QFCs, and all assignment or novation documents, if applicable, including documents that confirm that all required consents, approvals, or other conditions precedent for such assignment or novation have been obtained or satisfied.
(6)A list of vendors directly supporting the QFC-related activities of the records entity and the vendors' contact information.
(b)Full scope entities. Except as provided in § 371.6, a full scope entity must maintain the following records:
(1)The position-level data listed in Table A-1 in Appendix B of this part with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(2)The counterparty-level data listed in Table A-2 in Appendix B of this part with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(3)The legal agreements information listed in Table A-3 in Appendix B of this part with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(4)The collateral detail data listed in Table A-4 in Appendix B of this part with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(5)The corporate organization master table in Appendix B of this part for the records entity and its affiliates.
(6)The counterparty master table in Appendix B of this part with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(7)The booking location master table in Appendix B of this part for each booking location used with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(8)The safekeeping agent master table in Appendix B of this part for each safekeeping agent used with respect to each QFC to which it or any of its reportable subsidiaries is a party, without duplication.
(9)All documents that govern QFC transactions between the records entity (or any of its reportable subsidiaries) and each counterparty, including, without limitation, master agreements and annexes, schedules, netting agreements, supplements, or other modifications with respect to the agreements, confirmations for each QFC position that has been confirmed and all trade acknowledgments for each QFC position that has not been confirmed, all credit support documents including, but not limited to, credit support annexes, guarantees, keep-well agreements, or net worth maintenance agreements that are relevant to one or more QFCs, and all assignment or novation documents, if applicable, including documents that confirm that all required consents, approvals, or other conditions precedent for such assignment or novation have been obtained or satisfied.
(10)A list of vendors directly supporting the QFC-related activities of the records entity and its reportable subsidiaries and the vendors' contact information.
(c)Change in recordkeeping status.
(1)A records entity that was a limited scope entity maintaining the records specified in paragraphs (a)(1) through
(6)of this section and that subsequently becomes a full scope entity must maintain the records specified in paragraph
(b)of this section within 270 days of becoming a full scope entity (or 60 days of becoming a full scope entity if it is an accelerated records entity). Until the records entity maintains the records required by paragraph
(b)of this section it must continue to maintain the records required by paragraphs (a)(1) through
(6)of this section.
(2)A records entity that was a full scope entity maintaining the records specified in paragraph
(b)of this section and that subsequently becomes a limited scope entity may continue to maintain the records specified in paragraph
(b)of this section or, at its option, may maintain the records specified in paragraphs (a)(1) through
(6)of this section, provided however, that such records entity shall continue to maintain the records specified in paragraph
(b)of this section until it maintains the records specified in paragraphs (a)(1) through
(6)of this section.
(3)A records entity that changes from a limited scope entity to a full scope entity and at the time it becomes a full scope entity is not yet maintaining the records specified in paragraph
(a)of this section or paragraph
(b)of this section must satisfy the recordkeeping requirements of paragraph
(b)of this section within 270 days of first becoming a records entity (or 60 days of first becoming a records entity if it is an accelerated records entity).
(4)A records entity that changes from a full scope entity to a limited scope entity and at the time it becomes a limited scope entity is not yet maintaining the records specified in paragraph
(b)of this section must satisfy the recordkeeping requirements of paragraph
(a)of this section within 270 days of first becoming a record entity (or 60 days of first becoming a record entity if it is an accelerated records entity).
(d)Records entities with 50 or fewer QFC positions. Notwithstanding any other requirement of this part, if a records entity and, if it is a full scope entity, its reportable subsidiaries, have 50 or fewer open QFC positions in total (without duplication) on the date the institution becomes a records entity, the records required by this section are not required to be recorded and maintained in electronic form as would otherwise be required by this section, so long as all required records are capable of being updated on a daily basis. If at any time after it becomes a records entity, the institution and, if it is a full scope entity, its reportable subsidiaries, if applicable, have more than 50 open QFC positions in total (without duplication), it must record and maintain records in electronic form as required by this section within 270 days (or, if it is an accelerated records entity at that time, within 60 days). The records entity must provide to the FDIC, within 3 business days of reaching the 51-QFC threshold, a directory of the electronic files that will be used to maintain the information required to be kept by this section.