The formal operating terms and conditions of the Information Exchange System (SWI) are laid down in the agreements between the Parties and in the SWI Rules.
They govern the principles and the scope of the use of SWI in communications between the parties to the Agreement, the legal liability of the parties, and the technical and organisational requirements necessary to exchange information between the parties via the system. The Agreement and the SWI Rules lay down the terms and conditions and the criteria of acceptance of electronic confirmations (electronic signatures) as equivalent to hand-written signatures of duly authorised representatives of the parties. According to the Agreement and the SWI Rules, such confirmations may only be used in the exchange of documents between the Parties.
A Participant holding an institution code and KDPW S.A. enter into an Agreement which governs the terms and conditions of exchanging documents via the electronic communication systems which KDPW S.A. makes available in the Information Exchange System (SWI): ESDI/WEB, ESDK, and the SWIFT Message Processing System. Each Participant is required to have access to ESDI/WEB. Participants may also select other electronic communication systems (ESDK, the SWIFT Message Processing System). Depending on the electronic communication systems to be used by a Participant, the Participant is required to present relevant powers of attorney and/or declarations in accordance with templates published in the appendices to the SWI Rules.
Participants are required to select one of the available electronic communication systems as the default channel through which the Participant will receive system documents from KDPW S.A., and to present a relevant declaration to KDPW.
It is possible to grant a power of attorney to another entity. To do so, provide a power of attorney according to the template in Appendix 2a to the SWI Rules and powers of attorney according to the template in Appendix 2b for persons to hold certificates.
To change a previously selected default channel via which the Participant receives system documents from KDPW, the Participant may request such change from KDPW by presenting a Declaration of change of the default channel.
KDPW has set up the following separate functional areas:
1/ identification of shareholders of public companies;
2/ general meeting services,
as a result, KDPW has selected the electronic communication system ESDK as the default channel for those areas.