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ESMA Consultation on Commodity Derivatives: Take or Pay Clauses Should not be Treated as Derivatives
In its answer to ESMA's consultation on commodity derivatives Deutsches Aktieninstitut asks for the clarification that take or pay clauses in commodity contracts should not be treated as derivatives. Overall, a cash compensation due to force majeure or insolvency should not be confused with a cash settlement.
Position papers
Financial market regulation and real economy
Contact
Dr. Claudia Royé
Deputy Head of Legal Department
Head of Capital Markets Lawt
Tel.+49 69 92915-40
roye(at)dai.de