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 counterparties. Various requirements on risk mitigation are already in place, and the deadline for new reporting requirements is imminent. The manner in which financial institutions deal with their clients and take collateral is undergoing significant structural change which will continue for the foreseeable future. This note discusses what hedge funds that use derivatives in their businesses should be doing now to ensure compliance.

Mandatory Reporting -

EMIR requires all counterparties to derivatives to report all derivative contracts (OTC and exchange traded) to a trade repository. The reporting obligation applies separately to each counterparty, although generally speaking, only EU counterparties are covered (see Extraterritoriality below). Modifications and terminations must also be reported.

Please see full memo below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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