Patrick Clancy

Patrick Clancy

Shearman & Sterling LLP

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Scotland: Legal Issues on Proposed Independence

On 18 September 2014, the referendum on Scottish independence will take place. Opinion polls suggest that the outcome is too close to call. This note highlights various legal issues related to the referendum and Scottish...more

9/16/2014 - EU Financial Institutions Independence Rules Scotland UK UK Concurrency Regime

Timing and Scope of EU Clearing Obligation for Derivatives

The European Securities and Markets Authority is consulting on the mandatory clearing obligation for certain derivatives. Draft regulatory technical standards have been published for the mandatory clearing of certain interest...more

7/18/2014 - Clearing Agencies Derivatives EMIR ESMA EU European Commission Financial Regulatory Reform

Initial Swap Trading Requirements Come into Effect—Limited Relief for Packaged Trades and Some EU Facilities

The Commodity Futures Trading Commission has imposed for the first time a requirement that certain swaps be traded on a regulated market. Beginning February 15, 2014, certain cleared interest rate swaps and index credit...more

2/14/2014 - CFTC EU Swap Dealers Swap Execution Facilities Swaps

Actions Required For Hedge Funds Under Derivatives Reforms – Europe Update

The European Market Infrastructure Regulation (EMIR1) imposes new reporting, clearing, collateral and conduct of business requirements on all derivatives market participants which are based in the EU or deal with EU...more

2/12/2014 - Derivatives EMIR ESMA EU Hedge Funds

ESMA Advice on Third-Country Equivalence Under EMIR, II

On 3 September, ESMA published its technical advice to the European Commission on the equivalence of the US and Japanese derivatives frameworks to the EU rules. On 2 October, ESMA supplemented its technical advice with...more

10/22/2013 - Derivatives EMIR Equivalency Determinations ESMA EU European Commission Japan

ESMA Advice on Third-Country Equivalence Under EMIR

Clarity to market participants on the equivalence of derivatives rules to European requirements has been much anticipated. On 3 September, ESMA published its technical advice to the European Commission on the equivalence of...more

9/6/2013 - Derivatives EMIR Equivalency Determinations ESMA EU Financial Regulatory Reform

Alert: ESMA Consults on Extraterritoriality

The extraterritorial effect of new financial regulation is a controversial issue, fundamental to the business of banks, brokers, funds and their clients. A consultation paper containing proposed rules on certain...more

8/5/2013 - Cross-Border EMIR ESMA EU European Commission Extraterritoriality Rules

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