| 1. |
VARA may approve an application for the provision of Margin Trading services, provided that the VASP can demonstrate, to VARA’s satisfaction, compliance with the following requirements—
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a. |
the VASP has submitted for VARA’s approval details of the terms and conditions upon which it proposes to offer Margin Trading services to clients, including a copy of the template Margin Trading Agreement to be used by the VASP, together with information relating to the VASP’s financial condition and compliance with all Capital and Prudential Requirements applicable to the VASP; |
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b. |
the VASP has established, and is able to demonstrate to VARA upon request, appropriate policies and procedures as well as systems and controls with regards to Margin Trading services, which shall include but not be limited to—
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i. |
the Margin which may be called, the applicable Margin rates and the method of calculating the Margin; |
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ii. |
the acceptable methods of Margin payment and forms of collateral; |
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iii. |
the circumstances under which a client or counterparty may be required to provide Margin and additional Margin, and the consequences of a failure to meet a Margin call, including the actions which the VASP may be entitled to take; and |
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iv. |
applicable escalation procedures where a client or counterparty fails to meet Margin calls; and
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c. |
the VASP ensures, and is able to demonstrate to VARA upon request, that Virtual Assets collected as collateral for Initial Margin and Maintenance Margin purposes are liquid and can be liquidated within a reasonable timeframe.
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| 2. |
VARA may request to inspect the Margin Trading system of the VASP used to calculate clients’ Margin Trading positions and Margin and, prior to granting approval, request any other clarification, information or documents it deems necessary. |
| 3. |
Notwithstanding a VASP having approval from VARA for the provision of Margin Trading, VARA shall have the power to instruct VASPs to take any of the following actions, in its sole and absolute discretion from time to time, and VASPs must comply with such instructions—
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a. |
suspend Margin Trading services for specified Virtual Assets or clients; |
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b. |
close existing client positions; and |
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c. |
increase Initial Margin and/or Maintenance Margin requirements.
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