Legal and governance
The legal programme
Analysis of the full structure, commissioned per jurisdiction on the published documents. Done once, on the framework, rather than per relationship.
Jurisdictions in the programme
Security interest, control and enforcement under UCC Articles 8 and 9.
| Deliverable | Jurisdiction | Counsel | Read |
|---|---|---|---|
| Analysis of the full structure | United States | To be Announced | Coming soon |
| Analysis of the full structure | England and Wales | To be Announced | Coming soon |
| Initial margin extract | United States, England and Wales | To be Announced | Coming soon |
| Transfer agent / Register memorandum | United States, England and Wales | To be Announced | Coming soon |
| Counsel-verified templates | All jurisdictions | To be Announced | Coming soon |
| Gating memoranda | Luxembourg, Switzerland, Singapore, Hong Kong, DIFC, ADGM | To be Announced | Coming soon |
Legal analysis is not published openly.
It is disclosable to participants and their counsel and released on request, with the version of the documents it was given on. The documents themselves are open to read.
What each deliverable is
- 1
Analysis of the full structure
Creation, control, perfection and enforcement of the security interest under that law, on the published documents. Disclosable to participants and their counsel.
- 2
Counsel-verified templates
The Participation Agreement in local form, settled by the same counsel that analysed the structure, so the documents and the analysis cannot drift apart.
- 3
Initial margin extract
Stated conclusions for the IM lane: that a pair following the published sequence creates and perfects security, collects initial margin as the margin rules require, and enforces as described, or what would have to change for that to hold.
- 4
Transfer agent memorandum
The registrar lane: encumbrance recorded on the register, redemption suppression, and the protection available to a transfer agent acting on a framework instruction. Because the lock sits at the register rather than at the wallet, this lane lets tokenized assets be held in self-custodial wallets and still be pledged.
- 5
Gating memorandum
Whether the structure holds under local law, what blocks it, and what adaptation the Participation Agreement needs. Confirmation rather than opinion.
Governance
The standard is maintained by Lombard Systems today. Governance is intended to transition to an independent body, so that no participant, including the maintainer, can vary the terms for itself or withhold them from another.
Today
Maintained by Lombard Systems
Reference implementation, certification and integrator support.
In the meantime
DvL Working Group
Market participants give feedback and improve the standard together.
Intended
Independent governance
An independent body holds the standard. Terms are the same for every participant.
Open to join
DvL Working Group
Until governance moves to an independent body, the Working Group receives feedback and improves the standard together with market participants.
- Financial market infrastructures (FMIs)
- Banks
- Broker-dealers
- Transfer agents
Contact us to join