KOR Reporting Inc. — Form SDR Application and Exhibits

Exhibit C

A list of the officers, directors, governors, and persons performing similar functions, and the members of all standing committees grouped by committee of the applicant or of the entity identified in item 19 that performs the security-based swap data repository and securities information processor activities of the applicant.

• Exhibit C: KOR Reporting Board of Directors Members

Exhibit D

A copy of documents relating to the governance arrangements of the applicant, including, but not limited to, the nomination and selection process of the members on the applicant’s board of directors, a person or group performing a function similar to a board of directors (collectively, “board”), or any committee that has the authority to act on behalf of the board; the responsibilities of the board and each such committee; the composition of the board and each such committee; and the applicant’s policies and procedures reasonably designed to ensure that the applicant’s senior management and each member of the board or such committee possess requisite skills and expertise to fulfill their responsibilities in the management and governance of the applicant, to have a clear understanding of their responsibilities, and to exercise sound judgment about the applicant’s affairs.

• Exhibit D-1: Governance Principles
• Exhibit D-3: Narrative Explaining Fitness Standards of the Board

Exhibit E

A copy of the constitution, articles of incorporation or association with all amendments thereto, existing by-laws, rules, procedures, and instruments corresponding thereto, of the applicant.  

• Exhibit E-1: KOR Reporting Inc. Certification of Incorporation
• Exhibit E-2: Bylaws for KOR Reporting, Inc.

Exhibit I

Copies of all material contracts with any security-based swap execution facility, clearing agency, central counterparty, or third party service provider.  To the extent that form contracts are used by the applicant, submit a sample of each type of form contract used.  In addition, include a list of security-based swap execution facilities, clearing agencies, central counterparties, and third party service providers with whom the applicant has entered into material contracts.

• Exhibit I-2: KOR Universal Services Agreement
  Exhibit I-3: Counterparty Client Addendum – SEC 
  Exhibit I-4: Delegated Reporter agreements – SEC
  Exhibit I-5: KOR Client Administrative User Form
  Exhibit I-6: KOR Acceptable Use Policy
  Exhibit I-9: Privacy Policy

Exhibit J

Procedures implemented by the applicant to minimize conflicts of interest in the decision making process of the applicant and to resolve any such conflicts of interest.

• Exhibit J-2: Board of Directors Conflicts of Interest Policy

Exhibit M

A complete list of all dues, fees, and other charges imposed, or to be imposed, as well as all discounts or rebates offered, or to be offered, by or on behalf of the applicant for its services, including the security based swap data repository’s services, securities information processor’s services, and any ancillary services, and identify the service(s) provided for each such due, fee, other charge, discount, or rebate; a description of the basis and methods used in determining at least annually the level and structure of the services as well as the dues, fees, other charges, discounts, or rebates listed in paragraph a of this item; and, if the applicant differentiates, or proposes to differentiate, among its customers, or classes of customers in the amount of any dues, fees, or other charges imposed or any discount or rebate offered for the same or similar services, then state and indicate the amount of each differential.  In addition, identify and describe any differences in the cost of providing such services, and any other factors, that account for such differences.

• Exhibit M-1: Fee Schedule – SEC
• Exhibit M-2: Fee Schedule Rational and Differentiation

Exhibit P

A description of the personnel qualifications for each category of professional, nonprofessional, and supervisory employees employed by the applicant or the division, subdivision, or other segregable entity within the applicant as described in item 19.

• Exhibit P: Personnel Qualifications

Exhibit T

State the number of persons who subscribe, or who have notified the applicant of their intention to subscribe, to the applicant’s services. For each instance during the past year in which any person has been prohibited or limited with respect to access to services offered or data maintained by the applicant, indicate the name of each such person and the reason for the prohibition or limitation. For each of such services that involves the supply of information to a quotation board, ticker device, electronic information terminal, or other such device, state the total number of devices to which information is, or will be supplies (“serviced”) and any minimum and or maximum number of devices required or permitted by agreement or otherwise to be serviced by the applicant. In addition, define the date elements for each service.

• Exhibit T-3: KOR TR Technical Specification

Exhibit U

Copies of all contracts governing the terms by which persons may subscribe to the security-based swap data repository services, securities information processor services, and any ancillary services provided by the applicant.  To the extent that form contracts are used by the applicant, submit a sample of each type of form contract used.

• Exhibit U: Client Agreements

Exhibit V

A description of any specifications, qualifications, or other criteria that limit, are interpreted to limit, or have the effect of limiting access to or use of any security-based swap data repository or securities information processor services offered or data maintained by the applicant and state the reasons for imposing such specifications, qualifications, or other criteria.

• Exhibit V: Access Limiting Criteria

Exhibit W

Any specifications, qualifications, or other criteria required of persons who supply security-based swap information to the applicant for collection, maintenance, processing, preparing for distribution, and publication by the applicant or of persons who seek to connect to or link with the applicant.

• Exhibit W: Client Access Requirements

Exhibit X

Any specifications, qualifications, or other criteria required of any person, including, but not limited to, regulators, market participants, market infrastructures, venues from which data could be submitted to the applicant, and third party service providers, who requests access to data maintained by the applicant.

• Exhibit X: Client Onboarding and Access Guide

Exhibit Y

Policies and procedures implemented by the applicant to review any prohibition or limitation of any person with respect to access to services offered or data maintained by the applicant and to grant such person access to such services or data if such person has been discriminated against unfairly.

• Exhibit Y: Denial, Revocation, or Suspension of Client Access Policy

Exhibit CC

Procedures and a description of facilities of the applicant for effectively resolving disputes over the accuracy of the transaction data and positions that are recorded in the security-based swap data repository.

• Exhibit CC: Dispute Policy

Exhibit DD

Policies and procedures relating to the applicant’s calculation of positions.

• Exhibit DD: Position Calculation Policy 

Exhibit EE

Policies and procedures implemented by the applicant to prevent any provision in a valid security-based swap from being invalidated or modified through the procedures or operations of the applicant.

• Exhibit EE: Data Invalidation Policy

Exhibit GG

All of the policies and procedures required under Regulation SBSR.

• Exhibit GG: KOR SEC SBSDR Policy List
• Exhibit GG-2: KOR SEC SBSDR Disclosure Document

Exhibit HH

If the applicant has a rulebook, then the applicant may attach the rulebook as Exhibit HH.

• Exhibit HH: Rulebook – SEC SBSDR