The FIA Law and Compliance Division publishes and periodically updates standard agreements governing the futures give-up process. FIA Tech in turn administers the Electronic Give-Up System (EGUS) through which brokers, traders and customers may electronically execute the standard give-up agreements. Firms may choose to use the standard agreements either manually in hardcopy form or electronically in EGUS. The Standard Trader and Customer Give-Up Agreements are available for download here. The versions were last updated in April 2008 and are the standard agreements used in EGUS. Also available for download are two documents explaining the 2008 revisions to the standard agreements.
The Law and Compliance Division also makes available a more tailored set of give-up agreements for transactions executed on the London Metal Exchange (LME), where either or both the direct Executing or Clearing Broker is not an LME member firm The LME Give-Up Agreements are available in the LME Give-Up Agreements section of the US Documentation Library.
Disclaimer: None of the information provided by FIA or its members, including, without limitation, any of the versions of the Standard Give-Up Agreements, or documents related thereto, are intended to provide investment, tax, business, legal or professional advice, including, but not limited to, advice regarding what specific limits may apply to any trading. Neither FIA or its members make any representations, warranties, or guarantees as to any information provided, including, without limitation, any of the versions of the Standard Give-Up Agreements, or documents related thereto, or any of such agreements’ or documents’ contents.
CAUTION: ALL VERSIONS OF THE STANDARD GIVE-UP AGREEMENTS, AND DOCUMENTS RELATED THERETO, ARE DESIGNED AS BASIC DOCUMENTS FOR MARKET PARTICIPANTS ENGAGING IN GIVE-UPS. NONE OF THE STANDARD GIVE-UP AGREEMENTS, OR DOCUMENTS RELATED THERETO, ARE INTENDED TO SERVE AS ALL ENCOMPASSING DOCUMENT(S) FOR USE BY ALL PARTIES UNDER ALL CIRCUMSTANCES. PARTIES SHOULD CAREFULLY CONSIDER THE FULL SCOPE OF REGULATORY (INCLUDING, WITHOUT LIMITATION, EXCHANGE) AND COMMERCIAL TERMS THAT MAY BE APPLICABLE TO THEIR PARTICULAR CIRCUMSTANCES AND MAY ELECT TO ENTER INTO MORE DETAILED AND/OR REVISED AGREEMENTS AT THE OUTSET OR DURING THE COURSE OF THEIR RELATIONSHIP(S).
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