Swap Contract (contract)
12. A swap agreement (contract) is deemed to be:
1) an agreement providing for:
the obligation of a party or parties to the agreement to periodically and/or one-time pay monetary amounts depending on changes in price(s) and/or value(s) of the underlying (base) asset and/or occurrence of circumstances that constitute the underlying (base) asset; and
definition of the obligation of each party to the agreement to pay monetary amounts based on different underlying (base) assets or different values of the underlying (base) asset (rules for determining the value of the underlying (base) asset). In this regard, the obligation of a party to the agreement to pay monetary amounts may be determined based on a fixed value of the underlying (base) asset established by the agreement;
2) an agreement providing for:
the obligation of one party to transfer currency into the ownership of the other party and the obligation of the other party to accept and pay for the currency, as well as the obligation of the other party to transfer currency into the ownership of the first party no earlier than the third day after the date of conclusion of the contract and the obligation of the first party to accept and pay for the currency; and
a reference to the fact that the contract is a derivative financial instrument; and
the obligation of a party or parties to the contract to periodically and/or one-time pay monetary amounts depending on changes in price(s) and/or the value(s) of the base (benchmark) asset and/or occurrence of an event that constitutes the base (benchmark) asset, and/or from fixed prices (prices) and/or values of the base (benchmark) asset stipulated in the contract. In this regard, the determination of each party's obligation to pay monetary amounts is carried out in accordance with the terms of the contract based on different base (benchmark) assets or different values of the base (benchmark) asset (rules for determining the values of the base (benchmark) asset).
13. A swap agreement (contract), in addition to the conditions established by paragraph 12 of this Regulation, may also provide for:
the obligation of the parties to a swap agreement to deliver to the other party securities, currency or goods that constitute the underlying (base) asset, including by means of the party (parties) to the swap agreement and (or) person(s) for whose (whose) benefit the swap agreement was concluded entering into a securities purchase and sale agreement, a foreign exchange purchase and sale agreement or a goods supply agreement; and (or)
the obligation of the parties to a swap agreement (contract) to enter into an agreement that is a derivative financial instrument and constitutes the underlying (base) asset.
14. A swap agreement (contract) providing for obligations established by subpoint 2 of point 12 or point 13 of this Regulation, except for the obligation to enter into an agreement that is a derivative financial instrument which does not provide for the obligation to deliver, buy (sell) or supply securities, currency or goods, is a physical delivery agreement. Other swap agreements (contracts) are cash settlement agreements.
Source: Order of the FSB Russia dated 04.03.2010 No. 10-13/pz-n "On Approval of the Regulation on Types of Derivative Financial Instruments" (Registered by the Ministry of Justice of Russia on 14.04.2010 No. 16898)
Морфология
Род
Понятие «своп договор (контракт)» мужского рода.
Склонение и число
| Падеж | Единственное число | Множественное число |
|---|---|---|
| Р | свопа договор (контракт) | свопов договор (контракт) |
| Д | свопу договор (контракт) | свопам договор (контракт) |
| В | своп договор (контракт) | свопы договор (контракт) |
| Т | свопом договор (контракт) | свопами договор (контракт) |
| П | свопе договор (контракт) | свопах договор (контракт) |