tastytrade Canada Inc.

Whenever requested, the Executives (i.e. the UDP, CCO and CFO, and other executives as noted by CIRO) of tastytrade Canada Inc. (“Tastytrade”) will meet with CIRO staff in person at a CIRO office in Canada.
Tastytrade will appoint an agent for service of process in all provinces and territories where the firm is registered, and will not change its agent for service of process without giving CIRO 30 days’ prior written notice of such change by filing a new Submission to Jurisdiction and Appointment of Agent for Service of Process.
Tastytrade will ensure that an individual fluent in English or French and knowledgeable in securities and financial matters is available to assist CIRO staff during examinations and investigations during CIRO business hours.
Tastytrade will pay all incremental costs associated with enhanced checks required to ensure that the non‐resident firm and its Executives continue to meet CIRO’s standard for registration.
Tastytrade will pay all costs associated with travel and accommodations of CIRO staff to perform a compliance examination or enforcement investigation outside of Canada.
Tastytrade will provide a facility in the Province of Ontario to make all of its books and records, including electronic records, readily accessible and produce such books and records, in English or French, for CIRO within a reasonable time if requested, in the manner requested by CIRO.
If Tastytrade intends to custody positions for clients, it will enter into an Introducing Broker/Carrying Broker arrangement (Type 1, 2 or 3 only) pursuant to the Investment Dealer and Partially Consolidated Rules sections 2410, 2415, 2420 (and any other relevant rules and requirements) with a resident firm, except in the following instances:
1. where the non‐resident firm only has institutional clients and the firm delivers out the positions to the client’s custodian at the time of trade settlement (i.e. the non‐ resident firm only temporarily holds positions resulting from a failed client trade), or
2. where the non‐resident firm’s only business is in issuing and/or distributing “electronic assets” i.e. where the custody of the asset is held only as an electronic record typically by the issuer of the product. In such cases, the non‐resident firm will:
  1. ensure that the issuer/product manufacturer or custodian of the electronic record is subject to a regulatory regime acceptable to CIRO
  2. keep records of all activity and positions on a server/data centre located in Canada where at least one Executive, who is resident in Canada, has access, and
  3. custody excess cash in a bank account with a Canadian acceptable institution or the Canadian branch of a foreign acceptable institution over which at least one Executive, who is resident in Canada, has ultimate signing authority.
Agreements with clients and third‐parties will clearly state that it is to be governed by the laws of Canada and each applicable province and territory for the following arrangements:
1. opening of accounts
2. recording and storage of client and firm trading‐related books and records
3. custody of cash, securities and other assets and property, and
4. direct electronic access offered by Tastytrade or routing arrangements that are entered into by Tastytrade with a client.
Tastytrade will provide to each client a statement in writing disclosing the non‐resident status of the firm, its jurisdiction of residence, the name and address of the agent for service of process of the registrant in each applicable province, and the nature of risks to clients that legal rights may not be enforceable.
If Tastytrade is notified by CIRO that:
1. it represents a material presence in the Canadian investment industry or on a marketplace regulated by CIRO, or
2. CIRO has implemented a revised policy or Rules respecting non-resident Dealer Members pursuant to which CIRO staff has determined, in its sole discretion, would no longer permit Tastytrade to be non-resident,
it will become a resident firm within six months of such notification.