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===Section {{{{{1}}}|9(e)(i)}} '''[[Counterpart]]s=== | ===Section {{{{{1}}}|9(e)(i)}} '''[[Counterpart]]s=== | ||
There is an impassioned essay about the idiocy of [[counterparts]] clauses elsewhere<ref>In the [[counterparts]] article, as a matter of fact.</ref>. | There is an impassioned essay about the idiocy of [[counterparts]] clauses elsewhere<ref>In the [[counterparts]] article, as a matter of fact.</ref>. For now, just know this: | ||
{{counterparts capsule}} | |||
===Section {{{{{1}}}|9(e)(ii)}} {{{{{1}}}|Confirmation}}s=== | ===Section {{{{{1}}}|9(e)(ii)}} {{{{{1}}}|Confirmation}}s=== | ||
====Trade versus confirmation: celebrity death-match==== | ====Trade versus confirmation: celebrity death-match==== | ||
{{trade versus confirmation}} | {{trade versus confirmation}} | ||
====Dare we mention ... ''[[email]]''?==== | ====Dare we mention ... ''[[email]]''?==== | ||
Note also the addition of [[e-mail]] as a means of communication to the {{2002ma}} ([[email]] not really having been a “thing” in 1992). This caused all kinds of [[fear and loathing]] among the judiciary, when asked about it, as can be seen in the frightful case of {{casenote|Greenclose|National Westminster Bank plc}}.Oh dear, oh dear, oh dear. | Note also the addition of [[e-mail]] as a means of communication to the {{2002ma}} ([[email]] not really having been a “thing” in 1992). This caused all kinds of [[fear and loathing]] among the judiciary, when asked about it, as can be seen in the frightful case of {{casenote|Greenclose|National Westminster Bank plc}}.Oh dear, oh dear, oh dear. | ||
==== [[Timely confirmation]] regulations and deemed consent==== | ==== [[Timely confirmation]] regulations and deemed consent==== | ||
Both {{t|EMIR}} and [[Dodd Frank]] have [[timely confirmation]] requirements obliging parties to have confirmed their scratchy tape recordings within a short period (around 3 days). This fell out of a huge backlog in confirming structured [[credit derivatives]] trades following the [[Lehman]] collapse. | Both {{t|EMIR}} and [[Dodd Frank]] have [[timely confirmation]] requirements obliging parties to have confirmed their scratchy tape recordings within a short period (around 3 days). This fell out of a huge backlog in confirming structured [[credit derivatives]] trades following the [[Lehman]] collapse. | ||
====Roger Moore indahouse ==== | ====Roger Moore indahouse ==== | ||
Lastly, a rare opportunity to praise those maestros of legal word-wrangelry, {{icds}}. In Section {{{{{1}}}|9(e)(ii)}}, they contemplate that one might agree a {{{{{1}}}|Transaction}} “[[orally or otherwise]]”. This is a smidgen wider than the usual [[legal eagle]] formulation of [[orally or in writing]]. It shows that while the swaps whizzes were conservative about how to [[close out]] a {{{{{1}}}|Transaction}}, when putting one ''on'' you are constrained only by the bounds of your imagination and the limits of interpersonal ambiguity: not just [[In writing|written words]], nor even [[Oral|oral ones]], but the whole panoply of possible human communications: semaphore, naval flags, Morse code, waggled eyebrows, embarrassed smiles and any other kinds of physical gesture. | Lastly, a rare opportunity to praise those maestros of legal word-wrangelry, {{icds}}. In Section {{{{{1}}}|9(e)(ii)}}, they contemplate that one might agree a {{{{{1}}}|Transaction}} “[[orally or otherwise]]”. This is a smidgen wider than the usual [[legal eagle]] formulation of [[orally or in writing]]. It shows that while the swaps whizzes were conservative about how to [[close out]] a {{{{{1}}}|Transaction}}, when putting one ''on'' you are constrained only by the bounds of your imagination and the limits of interpersonal ambiguity: not just [[In writing|written words]], nor even [[Oral|oral ones]], but the whole panoply of possible human communications: semaphore, naval flags, Morse code, waggled eyebrows, embarrassed smiles and any other kinds of physical gesture. | ||