Central Counterparties

News & Analysis as of

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

UK Financial Regulatory Developments - February 2016 #6

OBWG publishes open banking standard - The OBWG, set up at Treasury’s request, has set out an Open Banking Standard to guide how open banking data should be created, shared and used by its owners and those who access it....more

U.S. Commodity Futures Trading Commission and European Commission Announce Common Approach for Transatlantic CCPs

On February 10, the U.S. Commodity Futures Trading Commission (the “CFTC”) and the European Commission announced a common approach relating to requirements for transatlantic central clearing parties (CCPs). The CFTC and the...more

UK Financial Regulatory Developments - February 2016 #1

FMLC issues addendum to legal uncertainty for CCPs paper - FMLC and the US-based Committee on Capital Markets Regulation (CCMR) have issued an addendum to their comment paper on issues of legal uncertainty relating to...more

ESMA and South African and Mexican Authorities to Cooperate Under EMIR on CCPs

On 26 January 2016, ESMA announced that had entered into a memorandum of understanding (MoU) with each of the Mexican Comisión Nacional Bancaria y de Valores (CNBV) and the South African Financial Services Board (FSB) under...more

Orrick's Financial Industry Week in Review

Rating Agency Developments - On January 25, 2016, DBRS updated its methodology for rating Subscription Loans (Capital Call). Report. On January 21, 2016, Fitch updated its U.S. RMBS Master Rating Criteria. Report. ...more

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

AIFMD – ESMA Updates its Q&A on AIFMD Application - ESMA updated its questions and answers on the application of the AIFMD on 2 and 15 December 2015. The 2 December update focussed on various questions around leverage...more

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