Notices and disclosures pursuant to Swap Dealer rules
Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, including rules and regulations adopted pursuant thereto, Skandinaviska Enskilda Banken AB (publ), LEI F3JS33DEI6XQ4ZBPTN86 (SEB), has provisionally registered as a Swap Dealer with the CFTC and a Security-Based Swap Dealer with the SEC. This page contains disclosures relevant to transactions covered by such regulations, entered into between SEB and certain counterparties. If you are not a U.S. person and engaged in transactions in OTC-derivatives with SEB, the following may not apply to you.
The materials below are provided for your benefit to understand factors to consider when entering into swaps and/or security-based swaps transactions and the risks thereof.
Where you have been provided with the information below prior to entering a course of dealings in swaps and/or security-based swaps with SEB, SEB will consider entering into such transactions as acknowledgement that you have read and understood these documents as they apply to transactions undertaken between SEB and you. Details of such transactions are at all times set out in confirmations thereof as sent and received by the parties to the transaction. Such transactions and confirmations may be further supplemented by terms included by reference or terms included through commercial documentation concluded between SEB and you. Representations and elections, including elections to employ relief granted under a no-action letter may further modify the rights and obligations of each party.
Please note that the disclosures below have been developed as market standard disclosures and cover a wide array of products and instruments and circumstances which may not in all parts be applicable to our relationship or the transactions we enter into. The provision of these disclosures is not intended as an offer by SEB to enter into any transactions described therein.
Also note that ISDA holds copyright on certain ISDA documents and these documents may not be reproduced or distributed without ISDA's written permission, except the ISDA Master Agreements, ISDA Credit Support Documents and standardized general and product specific risk disclosures published by ISDA, which may be reproduced and distributed solely for use in documenting specific commercial transactions.
Equities Derivatives Disclosure
Material Economic Terms and mid-market marks
Below you will find the terms as defined by SEB to constitute the Material Economic Terms of relevant products. Such terms will be disclosed to you upon entering into a swap transaction with SEB and confirmed through confirmations exchanged between us.
FX Material Economic Terms (pdf)
Rates Material Economic Terms (pdf)
The document below sets out SEB's methods in calculating mid-market marks where SEB is required or requested to provide such.
Clearing disclosures for security-based swaps
SEB will only trade security-based swaps which are not subject to mandatory clearing requirements.
Below you will find information on ISDA’s webpage on those clearing agencies which clear security-based swaps:
SEB is not authorized or permitted, directly or through a designated clearing member, to clear the security-based swap through such clearing agencies.
SEB procedures and application of Portfolio Reconciliation
For swaps: In cases where SEB and counterparty each have adhered to (i) the ISDA March 2013 DF Protocol (the March Protocol), and exchanged questionnaires and thereby amended and supplemented each Protocol Covered Agreement (as defined in the March Protocol) between them to incorporated the relevant provisions of the ISDA March 2013 DF Supplement (the March Protocol Supplement) pursuant to the terms of the March Protocol and (ii) the ISDA 2013 EMIR Portfolio Reconciliation Dispute Resolution and Disclosure Protocol (the EMIR Protocol) and thereby amended and supplemented each Protocol Covered Agreement (as defined in the EMIR Protocol) pursuant to the terms of the EMIR Protocol, SEB will to the fullest extent practicable, rely on the agreements and representations made by SEB under the EMIR Protocol and disapply Schedule 4 of the March Protocol Supplement.
For security-based swaps: In cases where SEB and counterparty each have adhered to (i) the ISDA Full Security-Based Swap Protocol, and exchanged questionnaires and thereby amended and supplemented each Protocol Covered Agreement (as defined in the protocol) pursuant to the terms of the protocol, or (ii) the ISDA 2021 Security-Based Swap Top-Up Protocol, which effectively supplements the March 2013 DF Protocol, SEB will rely on the agreements and representations made by SEB under such relevant protocol to comply with the SEC portfolio reconciliation requirements.
Contact for complaints
Should you have any questions relating to the documentation on this page or wish to raise any concern or issue, we encourage you to first and foremost contact your relationship manager. Should you for any reason wish to raise a formal complaint you may do so by contacting SEB through the address provided below. In order to be able to resolve your complaint in the most efficient and expedient manner we encourage you to provide as many details as possible as relevant to your complaint.