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Scope - Clearstream

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MARKET PRACTICE BOOK - BEST PRACTICES<br />

16<br />

1.2.<br />

For instruments in definitive form:<br />

• reflect an open business day of the named financial centre for payment<br />

currency and the place of presentation;<br />

• DO NOT state the financial centre being open for the fiscal agent/principal<br />

paying agent, trustee or the issuer.<br />

ICMSA Recommendation on Record Dates (Annex 11)<br />

• DO NOT, as issuer of bearer securities,<br />

- include definitions referring to a record date, or<br />

- create provisions within the governing documentation referring to a snap<br />

shot date different from Payment Date -1 Business Day;<br />

• DO, for all instruments in global registered form with Closing Dates after<br />

1st January 2010 word legal documentation with a record date as at the ‘close<br />

of the Business Day (in the ICSDs) prior to the Entitlement Date’.<br />

Information timeliness<br />

End-to-end parties roles and responsibilities for the timely dissemination of new<br />

issues information, corporate action event notifications, income event notifications<br />

and payment processing have been described in respective chapters and<br />

summarised below (please also refer to the ICMA Guidance Note - Annex 2).<br />

At Issuance<br />

To ensure that investors are informed of the events and conditions affecting<br />

their securities, Lead Managers and Issuing and Paying Agents to distribute<br />

and push final documentation to all relevant parties, including the ICSDs, by<br />

Closing Date + 1 Business Day, from the Lead Manager for a stand alone<br />

security, and from the Issuing and Paying Agents for a programme or an issue<br />

under programme (New Issues section 2.2.3.).<br />

During the life cycle of the security<br />

For variable rate securities (Income section 4.2.2.):<br />

• Rate notification will occur no later than Fixing / Determination Date + 1<br />

Business Day from Calculation Agent to Paying Agent<br />

For corporate action events notifications (Corporate Actions section 3.2.2.):<br />

• Predictable events: CD/CSP to inform ICSDs prior the start of the exercise<br />

period;<br />

• Unpredictable events: pre launch: Corporate Action Agent to inform ICSDs<br />

on confidential basis; at launch: Corporate Action Agent to inform CD/CSP

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