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IV

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.

DeliverableJurisdictionCounselRead
Analysis of the full structureUnited StatesTo be AnnouncedComing soon
Analysis of the full structureEngland and WalesTo be AnnouncedComing soon
Initial margin extractUnited States, England and WalesTo be AnnouncedComing soon
Transfer agent / Register memorandumUnited States, England and WalesTo be AnnouncedComing soon
Counsel-verified templatesAll jurisdictionsTo be AnnouncedComing soon
Gating memorandaLuxembourg, Switzerland, Singapore, Hong Kong, DIFC, ADGMTo be AnnouncedComing 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. 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. 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. 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. 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. 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.

  1. Today

    Maintained by Lombard Systems

    Reference implementation, certification and integrator support.

  2. In the meantime

    DvL Working Group

    Market participants give feedback and improve the standard together.

  3. Intended

    Independent governance

    An independent body holds the standard. Terms are the same for every participant.

FMIsBANKSBROKER-DEALERSTRANSFER AGENTSTHE STANDARDTODAY·LOMBARD SYSTEMSIN THE MEANTIME·DVL WORKING GROUPINTENDED·INDEPENDENT GOVERNANCE

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

standard@dvlstandard.org