News & Analysis as of

Clearing Agencies Derivatives

Cadwalader, Wickersham & Taft LLP

Risks Associated with Clearing Digital Assets

On May 30, 2023, the Division of Clearing and Risk (“DCR”) of the Commodity Futures Trading Commission (“CFTC”) issued an advisory (“05/30/23 DCO Advisory”) relating to registered, or those seeking to register as, derivatives...more

A&O Shearman

UK Extends Clearing Obligation Exemption for Pension Funds and Intragroup Transactions

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On April 28, 2023, the Pension Fund Clearing Obligation Exemption and Intragroup Transaction Transitional Clearing and Risk-Management Obligation Exemptions (Extension and Amendment) Regulations 2023 were published, with...more

Cadwalader, Wickersham & Taft LLP

CFTC Considers FTX’s Democratized Clearing Proposal

On May 25, 2022, the U.S. Commodity Futures Trading Commission (“CFTC”) conducted a public hearing to consider a request from LedgerX, LLC, d.b.a. FTX US Derivatives (“FTX”), to amend its order of registration as a...more

Seyfarth Shaw LLP

Undeterred by the COVID-19 Pandemic, ARRC Publishes on April 8, 2020 a Methodology for Addressing Differences between LIBOR and...

Seyfarth Shaw LLP on

On April 8, 2020, the Alternative Reference Rate Committee (“ARRC”) agreed to align itself with the International Swaps and Derivatives Association, Inc. (“ISDA”), in recommending to the market a “spread adjustment”...more

A&O Shearman

European Securities and Markets Authority Consults on Alignment of EU Trading and Clearing Obligations

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The European Securities and Markets Authority has published a consultation paper on aligning the trading obligation under the Markets in Financial Instruments Regulation with the recent changes made to the clearing obligation...more

A&O Shearman

EU Consultation on Clearing Service Provision under EMIR Refit

A&O Shearman on

The European Securities and Markets Authority has opened a consultation on its draft technical advice on commercial terms for providing clearing services under the European Market Infrastructure Regulation. Responses to the...more

Opportune LLP

LIBOR Phase-Out: Considerations for Oil & Gas Companies

Opportune LLP on

With over $370 trillion of global financial contracts referencing LIBOR (London Inter-bank Offered Rate), many oil and gas companies are curious about how the phase-out of LIBOR by 2021 could impact their organization. Many...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

U.S. Financial Industry Developments - CFTC Proposes Rules to Simplify Process for Foreign Clearing Organizations to Obtain DCO Registration Exemption - On August 8, 2018, the Commodity Futures Trading Commission (CFTC)...more

A&O Shearman

EU Consultation on Extending the Exemption From the Clearing Obligation for Intragroup Transactions with Third Country Group...

A&O Shearman on

The European Securities and Markets Authority has opened a consultation on the exemption from the clearing obligation for intragroup transactions with a third country group entity. There are three Regulatory Technical...more

A&O Shearman

EU and UK Authorities Clarify Clearing Obligation Expectations for Pension Schemes

A&O Shearman on

The European Securities and Markets Authority has published a statement on the transitional exemption from the clearing obligation for pension scheme arrangements under the European Market Infrastructure Regulation and...more

Dechert LLP

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

Dechert LLP on

MIFID II – EMSA updates Q&As on commodity derivatives topics and asks European Commission to clarify “ancillary activity” test under MiFID II - ESMA updated its Q&As on 27 March 2018 on commodity derivatives topics...more

Blake, Cassels & Graydon LLP

CSA Propose Amendments to the Mandatory Derivatives Clearing Rule

On October 12, 2017, the Canadian Securities Administrators (CSA) proposed for comment amendments (Amendments) to National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101), in order to...more

A&O Shearman

Update: European Market Infrastructure Regulation Exemptions for Central Banks in Six Countries

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A Commission Delegated Regulation exempting central banks in six countries - Australia, Canada, Hong Kong, Mexico, Singapore and Switzerland - from complying with the European Market Infrastructure Regulation was published in...more

Morrison & Foerster LLP

Proposed EMIR II – Key Points for Derivatives Markets Participants

On 4th May 2017, the European Commission announced its proposals to amend the current European Market Infrastructure Regulation (Reg. No. 648/2012) (“EMIR”). The proposals stem from its public consultation and Call for...more

Blake, Cassels & Graydon LLP

Mandatory OTC Derivatives Clearing Rules Published for Second Round of Comments

On February 24, 2016, the Canadian Securities Administrators (CSA) published a revised Proposed National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (Proposed Clearing Rule) and a proposed...more

Perkins Coie

Financial Services Bulletin: Action At The CFTC, SEC, And Fed

Perkins Coie on

On Thursday, March 28, 2013, the Commodity Futures Trading Commission (the "CFTC") approved a final order that exempts certain non-financial energy derivative transactions between and amongst government-owned electric...more

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