18 June 2020 will mark one year since the EMIR Refit Regulation (the “EMIR Refit”) came into force.
On the same date, the reporting responsibility changes introduced by the EMIR Refit will take effect....more
6/2/2020
/ AIFM ,
AIFs ,
Derivatives ,
EMIR ,
EU ,
Financial Counterparties (FC) ,
Non-Financial Counterparties (NFC) ,
Regulatory Requirements ,
Reporting Requirements ,
SFTR ,
UCITS
The concept of seeding is straightforward. A fund manager receives an allocation from one or more investors of sufficient size in order to ensure the launch of his hedge fund strategy. Unfortunately, that is where the...more
A recent exchange of letters between the European Commission and ESMA and AIMA has confirmed that non-EU AIFs (irrespective of manager location) will not be subject to the SFTR reporting obligation, bringing welcome clarity...more
2/25/2020
/ AIFM ,
AIFs ,
Buy-Side Trading ,
Derivatives ,
EMIR ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
International Capital Markets Association (ICMA) ,
Non-EU Funds ,
Reporting Requirements ,
Securities Financing Transactions (SFTs) ,
SFTR ,
UCITS
Earlier this month, the ESAs published a final report on proposed updates to the existing EMIR margin rules (the “Margin RTS Updates”).
Although not yet final, the absence of a public consultation and fast approaching...more
12/24/2019
/ Amended Rules ,
Derivatives ,
EMIR ,
EU ,
European Commission ,
European Parliament ,
European Supervisory Authorities (ESAs) ,
FX Forwards ,
FX Swaps ,
Margin Requirements ,
SFTR ,
Stock Options ,
Swaps ,
Variation Margin Requirements (VM)
This note sets out at a high level the potential impact of the United Kingdom’s (“UK”) exit (“Brexit”) from the European Union (“EU”) without a negotiated agreement on UK and European Economic Area (“EEA”) (a) alternative...more
10/22/2019
/ AIFM ,
AIFMD Passport ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Central Bank of Ireland ,
Choice-of-Law ,
Contract Terms ,
Cross-Border Transactions ,
CSSF ,
EMIR ,
EU ,
EU Passport ,
EU-27 ,
European Economic Area (EEA) ,
Financial Conduct Authority (FCA) ,
Force Majeure Clause ,
Fund Managers ,
Income Taxes ,
Investors ,
ISDA ,
Luxembourg ,
Marketing ,
MiFID ,
No-Deal Brexit ,
Private Equity ,
Rome Regulation ,
SFTR ,
Third-Party Service Provider ,
Traders ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit
On Tuesday 28 May 2019, the EMIR Refit Regulation (the "EMIR Refit") was published in the Official Journal. Relevant entities now have only 19 days to prepare for some of the key changes, ahead of the go live date of Monday...more
5/30/2019
/ AIFM ,
AIFs ,
Amended Rules ,
Asset Management ,
Compliance ,
Derivatives ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Counterparties (FC) ,
Investment Funds ,
Mandatory Clearing Requirements ,
Margin Requirements ,
Non-Financial Counterparties (NFC) ,
Over The Counter Derivatives (OTC) ,
Reporting Requirements ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit
Triggered by last month’s publication in the Official Journal, today, 20 days following that publication, marks the day that the regulatory technical standards (RTS) relating to the new Securities Financing Transactions...more
With six months to go until the UK’s departure from the EU, Dechert’s ‘Brexit Manoeuvres’ guide sets out at a high level, from a UK perspective, the practical implications of a “hard Brexit” as it relates to:
- Alternative...more
9/21/2018
/ AIFM ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Choice-of-Law ,
EMIR ,
EU ,
European Economic Area (EEA) ,
Financial Services Industry ,
Fund Managers ,
Investors ,
Marketing ,
MiFID ,
SFTR ,
Trading Plans ,
UCITS ,
UK Brexit
The International Swaps and Derivatives Association ("ISDA") has published two new ISDA Master Agreements in a Brexit prompted update for the European OTC Derivatives market.
What has happened?
On 28 June 2018, new...more
Discussion of LIBOR was catapulted back into the spotlight last summer when Andrew Bailey, Chief Executive of the UK’s Financial Conduct Authority (FCA), gave a speech1 on the reference rate’s future. The key take-away was...more
The ESAs published their co-authored draft Regulatory Technical Standards (RTS) on the 19 December 2017, amending the framework of the European Market Infrastructure Regulation (EMIR) in relation to physically settled foreign...more
The European Commission and the U.S. Commodity Futures Trading Commission (“CFTC”) announced a “common approach for transatlantic CCPs” on 10 February 2016. Under this “common approach,” the European Commission has pledged to...more
Commission Delegated Regulation (EU) 2015/2205 (the “Regulation”) supplementing the European Markets Infrastructure Regulation (“EMIR”) was published on 1 December in the Official Journal of the European Union....more
INTRODUCTION AND OVERVIEW OF DODD-FRANK TITLE VII -
Title VII of the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act ("Title VII" or "Dodd- Frank"), enacted on July 21, 2010, provided for the first time...more
European investment managers of non-UCITs funds will have to be authorised as an alternative investment fund manager (known as an “AIFM” under AIFMD) under the Alternative Investment Fund Managers Directive (“AIFMD”) from 22...more
7/12/2014
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
CCPs ,
CTFC ,
Derivatives ,
Dispute Resolution ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Fund Managers ,
FX Forwards ,
Investment Portfolios ,
ISDA ,
Legal Entity Identifiers ,
Nasdaq ,
Over The Counter Derivatives (OTC) ,
Risk Mitigation ,
Swaps ,
Trade Repositories
The phased-in implementation of the European Market Infrastructure Regulation1 (EMIR), the European Union’s wide-ranging reform of its derivative markets, is due to continue throughout 2014. Risk mitigation rules were...more
Following extensive consultation with its members, in September 2013 the International Swaps and Derivatives Association (“ISDA”) published seven model international arbitration clauses (the “Model Arbitration Clauses”) for...more