Enron Mail

From:trena.mcfarland@enron.com
To:sara.shackleton@enron.com
Subject:Softs//Remaining Legal Questions
Cc:darren.maloney@enron.com, sheila.glover@enron.com
Bcc:darren.maloney@enron.com, sheila.glover@enron.com
Date:Thu, 8 Feb 2001 01:00:00 -0800 (PST)

Sara
Further to this can we look at the WTI-Brent spread trade and how this is
handled.
i.e.
Who trades this?
What book does it sit in?
What legal entity is that book?

Thanks
Trena
---------------------- Forwarded by Trena McFarland/NA/Enron on 08/02/2001
08:55 ---------------------------


Darren Maloney
06/02/2001 17:49
To: Trena McFarland/NA/Enron@Enron, Robert Bruce/NA/Enron@Enron, Sara
Shackleton/HOU/ECT@ECT
cc: Sheila Glover/HOU/ECT@ECT, Nigel Majury/LON/ECT@ECT

Subject: Softs//Remaining Legal Questions

Bob and Sara,

I think the additional questions that need to be addressed are as follows.
Once we have your input on these issues,
our only remaining legal issues will revolve around (1) setting up NY
brokerage, (2) actually setting up the different
legal entities and related service agreements, (3) EOL product descriptions
and (4) revisions to template ISDA agreements.

Outstanding Issues:
1. Are personnel involved in a regulated brokerage business able to market
OTC derivative products to clients without
regulatory conflict? (Both US and UK)
2. Are there any special consideration s in terms of corporate organization
or operations that we must use in order not to
create conflict stemming from our OTC business as a regulated exchange
member (both UK and US)?
3. To avoid regulatory burdens on other aspects of Enron and the Softs
business, in what corporate entity will the NY
clearing business reside?
4. For those counterparties looking to transact with ENA as principal, can
we (1) provide parent guarantees for selected
counterparties or (2) can we use ENA to take a trade via a back-to-back
with ENA Softs, for example?
5. In regards to service agreements, is there a threshold of activity that
establishes a tax or regulatory presence over and
above any service agreement (ie- compromises the organizational
structure)?
6. How would a Chinese Wall be structured between the brokerage and OTC
businessses? General market information
will likely need to be shared and some sharing between client and
non-EOL broker will occur. Please lay out the
concept and structure behind this mechanism so that we can better
understand this.

Please add comments as this is a checklist and likely not comprehensive.

Regards,
Darren
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