Central Counterparties

News & Analysis as of

European Commission Adopts Delegated Regulation on RTS Specifying Obligation to Clear Derivatives Traded on Regulated Markets and...

On June 29, 2016, the European Commission adopted a Delegated Regulation supplementing the Markets in Financial Instruments Regulation (“MiFIR”) with regard to RTS specifying the obligation to clear derivatives traded on...more

UK Financial Regulatory Developments - July 2016 #4

BoE publishes SRFRR group minutes - BoE has published the minutes of the May meeting of the working group on Sterling Risk-Free Reference Rates (SRFRR). Among the issues discussed was a set of principles to facilitate...more

UK Financial Regulatory Developments - June 2016 #8

ESMA updates EMIR Q&A - ESMA has updated its Q&A on EMIR. The new questions address: - the clearing obligation, specifically about the self-categorisation needed to establish which counterparties belong to which...more

UK Financial Regulatory Developments - June 2016 #7

Treasury updates sanctions - Treasury has updated the sanctions lists in respect of North Korea, to reflect new prohibitions on dealing with any person in the country. It has also updated the guidance from the Office of...more

UK Financial Regulatory Developments - June 2016 #3

Treasury publishes AML supervision report - Treasury has published its anti-money laundering (AML) and counter terrorist finance (CTF) supervision report for 2014-2015. The report stresses the importance of preparing...more

European Commission Adopts MiFIR Delegated Regulation on RTS on Access to Benchmarks

On June 2, 2016, the European Commission adopted a Delegated Regulation supplementing the Markets in Financial Instruments Regulation (Regulation 600/2014) (MiFIR) with regard to regulatory technical standards (RTS) on access...more

UK Financial Regulatory Developments - May 2016 #4

Treasury updates sanctions - The Office of Financial Sanctions Implementation (OFSI) has amended the sanctions lists in respect of North Korea. (Source: Treasury updates sanctions)...more

EU Legislation Amends Margin Period of Risk for Client Accounts

A Commission Delegated Regulation, which amends Regulatory Technical Standards on the time horizons for liquidation of different classes of financial instruments, was adopted by the European Commission. Under the European...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Latest Investment Fund Statistics for Germany - The German Investment Fund Association BVI has issued its latest investment statistics report dated 29 February 2016, giving an overview of the net assets and net sales...more

UK Financial Regulatory Developments - April 2016 #21

EIOPA consults on infrastructure corporates - EIOPA is consulting on the Commission’s request for technical advice on the identification and calibration of “other infrastructure investment risk” categories. The...more

UK Financial Regulatory Developments - April 2016 #10

ESMA updates MAD Q&A - ESMA has published an updated version of its Q&A on the common operation of the Market Abuse Directive (MAD). A new question regarding investment recommendations has been added. (Source: ESMA...more

UK Financial Regulatory Developments - April 2016 #9

ESRB extends deadline for recommendations on funding credit institutions - ESRB has published a Recommendation which it adopted concerning changes to the set of recommendations on the funding of credit institutions. EBA...more

UK Financial Regulatory Developments - March 2016 #19

Notifications ITS for EU MAR published in OJEU - The Commission Implementing Regulation laying down implementing technical standards (ITS) concerning the timing, format and template of notifications to competent...more

"Derivatives Regulators Reach Agreement on Cross-Border Harmonization for Central Clearing Counterparties"

Recent regulatory actions by the U.S. Commodity Futures Trading Commission (CFTC) and the European Commission (EC) are bringing an end to years of negotiation on how to regulate central clearing counterparties (CCPs)...more

Orrick's Financial Industry Week in Review

Commission Sends MiFID II Draft RTS Back to ESMA for Revision - On March 17, Markus Ferber, MEP, the European Parliament's Rapporteur for MiFID II, published a press release announcing that the European Commission had...more

ESMA Practical Guidance on its Recognition of Third Country CCPS

European Securities and Markets Authority (“ESMA”) has published practical guidance on the recognition by it of third country central counterparties (CCPs) under EMIR (ESMA/2016/365). The guidance is dated March 17, 2016....more

Update on Third Country Equivalence Under EMIR

The European Commission has adopted an “equivalence” decision on the derivatives regulatory regimes for derivatives clearing organisations in the United States. This follows the decisions adopted in November 2015 for Canada,...more

UK Financial Regulatory Developments - February 2016 #14

ESMA updates EMIR Q&A - ESMA has updated its EMIR Q&A to clarify how the clearing obligation should apply to swaps resulting from the exercise of a swaption, including during the frontloading period and the approach on...more

UK Financial Regulatory Developments - February 2016 #12

Regulators update on strengthening accountability - PRA and FCA have published a policy statement setting out the feedback to consultations on regulatory references and the scope of responsibilities for key function...more

I’m OK, Eur OK; At Long Last, U.S.-EU CCP Recognition is Mutual

On February 10, the U.S. Commodity Futures Trading Commission (“CFTC”) and the European Commission (“EC”) announced a much-anticipated transatlantic agreement to harmonize European Union (“EU”) and U.S. regulations concerning...more

UK Financial Regulatory Developments - February 2016 #10

EBA publishes MCD passporting compliance table - EBA has published a table noting the compliance status of Member States in relation to EBA’s guidelines on passport notifications for credit intermediaries under the...more

UK Financial Regulatory Developments - February 2016 #9

Prudent valuation RTS correction published in OJEU - A minor corrigendum to the Commission’s RTS for prudent valuation under the Capital Requirements Regulation (CRR) has been published in the OJEU. (Source: Prudent...more

Orrick's Financial Industry Week in Review

Financial Industry Developments - The SEC Adopts Cross-Border Security-Based Swap Rules - On February 10, the Securities and Exchange Commission (the "SEC") adopted rules under the Dodd-Frank Wall Street Reform and...more

European Commission and U.S. CFTC Agree Common Approach on Requirements for Transatllantic CCPs

On February 10, the European Commission published a statement setting out details of the common approach it has agreed with the U.S. Commodity Futures Trading Commission (CFTC) on requirements for transatlantic central...more

European Commission and CFTC Publish Announcement on EU/US Clearing Equivalence

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

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