Message-ID: <32977633.1075860004022.JavaMail.evans@thyme> Date: Fri, 23 Jun 2000 11:47:00 -0700 (PDT) From: alan.aronowitz@enron.com To: mark.taylor@enron.com Subject: Chart for US Trading Contract Confirmations, effective 10/1/00 Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Alan Aronowitz X-To: Mark Taylor X-cc: X-bcc: X-Folder: \Mark_Taylor _Dec_2000\Notes Folders\Notes inbox X-Origin: Taylor-M X-FileName: mtaylor.nsf Mark: Based on our discussion, let me know if you concur with the draft chart below: CHART FOR TRADING CONTRACT CONFIRMATIONS BETWEEN TWO U.S. COUNTERPARTIES, AS OF 10/1/00 Type of Trade Contract Formation Method Trade Confirmation required to be sent? If yes, get signed by CP? Physical (w/ no Master) Phone Yes, but can be electronic No, unless commodity not "good" On-line No N/A Physical (w/ Master) Phone Yes, but can be electronic No On-line No, unless Master requires No Financial (w/ no Master) Phone Yes, but can be electronic Yes, unless NY law governs On-line No N/A Financial (w/ Master) Phone Yes, but can be electronic Yes, unless NY law governs On-line No, unless Master requires No In summary, as a result of the new U.S. federal legislation on e-signatures and contracts, on-line trades between two U.S. counterparties would not legally require the sending of a paper or electronic trade confirmation after the electronic contract is formed on-line unless expressly required by the applicable master trading agreement. An electronic confirmation, of course, could be sent if the counterparty elects to receive one. We agreed to obtain a legal opinion from outside counsel to confirm this conclusion. Regards, Alan