News & Analysis as of

IOSCO publishes harmonisation responses

IOSCO has released the responses to its consultations on harmonisation of key OTC derivatives data elements and harmonisation of the unique transaction identifier (UTI) (see FReD 4 September and FReD 21 August respectively). ...more

FSB reports on OTC implementation

FSB has issued a peer review and a progress report on the implementation of reforms to the over-the-counter (OTC) derivatives market. The peer review assesses progress of FSB member jurisdictions in implementing trade...more

Check the Cooperative System’s Regulation of Prospectus Offerings and Continuous Disclosure: Like It So Far?

The revised consultation draft of the uniform provincial and territorial Capital Markets Act (CMA) and draft initial regulations under the CMA (Initial Regulations and, together with the CMA, the Consultation Drafts) have...more

Updated OTCQX and OTCQB application guides for Reg A+ Issuers

In response to feedback from issuers, the OTC Markets Group has released updated guides outlining the application process to join their OTCQX Best Market and OTCQB Venture Market trading platforms for companies conducting...more

ESMA informs of delay to MiFIR RTS

ESMA Chair, Steven Maijoor, has written to the Commission informing it of a delay in submitting the RTS on indirect clearing and exchange-traded derivatives under the Markets in Financial Instruments Regulation (MiFIR). ESMA...more

Basel Committee reports on RWA regulatory consistency

The Basel Committee has published its report on the regulatory consistency of risk-weighted assets (RWAs) for counterparty credit risk. The report forms part of the wider regulatory consistency assessment programme intended...more

FSB discusses ongoing workplan progress

FSB has met to discuss progress in its ongoing workplan. Its key priorities include: - market liquidity and asset management: encouraging the appropriate stress testing by funds to assess their ability to meet...more

Orrick's Financial Industry Week in Review

SEC Updates Compliance and Disclosure Interpretations for Legacy Deals - On September 16, the SEC released its updated compliance and disclosure interpretations for the rules adopted under Regulation AB, the Securities...more

ESMA Speech on Clearing the Way Towards an EU OTC Derivatives Union

On September 22, 2015, the European Securities and Markets Authority (ESMA) published a speech, given by Steven Majoor, ESMA Chair, on the regulation and supervision of the derivatives market. Points of interest in the speech...more

ECB Response to Commission Review of EMIR Implementation

On September 4, 2015, the European Central Bank (ECB) published an executive summary of its response to the consultation carried out by the European Commission to assist the Commission in its review of EMIR implementation....more

ESMA consults on review of EMIR standards

ESMA has published a discussion paper on the review of Article 26 of its Regulatory Technical Standards (RTS) under the European Market Infrastructure Regulation (EMIR) which deals with Central Counterparties’ (CCPs) client...more

Orrick's Financial Industry Week in Review

Potential Damages in RMBS Suit Against WMC Mortgage Drastically Reduced - On August 18, Judge Denise Cote of the federal district court for the Southern District of New York addressed the appropriate measure of potential...more

CPMI and IOSCO consult on Harmonization of First Batch of Key OTC Derivatives Data Elements

On September 2, 2015, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) issued a consultative report on the harmonization of the first batch of...more

BIS consults on OTC derivatives data elements

BIS’s Committee on Payments and Market Infrastructures (CPMI) and IOSCO have published a consultative report on the harmonisation of a first batch of key OTC derivatives data elements (other than Unique Transaction Identifier...more

Quebec Blanket Decision Affording Relief for Certain Derivatives Activities to be Revoked in June 2016

The Quebec Autorité des marchés financiers (Authority) is revoking a long-standing blanket decision (Blanket Decision) that exempts persons conducting dealer or adviser activities with accredited investors in respect of...more

ESMA Recommends Changes to EMIR

Under Article 85(1) of the European Market Infrastructure Regulation (648/2012/EU) (EMIR), the European Commission (EC) is required to submit a general report on EMIR to the European Parliament and the European Council on the...more

Orrick's Financial Industry Week in Review

CFTC Issues Proposed Amendments to Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps - On August 19, The U.S. Commodity Futures Trading Commission (CFTC) proposed amendments to existing rules relating...more

BIS consults on harmonisation of the unique transaction identifier

BIS’s Committee on Payments and Market Infrastructures (CPMI) and IOSCO have published a consultative report on the harmonised global Unique Transaction Identifier (UTI). Its purpose is to identify each over-the-counter (OTC)...more

CPMI and IOSCO Consult on Harmonizing Unique Transaction Identifier

On August 19, 2015, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) issued a consultative report on harmonization of the unique transaction...more

Dodd-Frank Turns Five, What Comes Next?

The 2008 credit crisis was the beginning of an era of unprecedented government management of the capital markets. July 21, 2015 marked the fifth anniversary of the hallmark congressional response, the Dodd-Frank Wall Street...more

ESMA Reports to European Commission on Functioning of EMIR Framework

On August 13, 2015, the European Securities and Markets Authority (ESMA) published four reports on how the EMIR (the Regulation on over the counter derivative transactions, central counterparties and trade...more

EBA Releases Key Information on EU G-SIIs

On July 28, the European Banking Authority (EBA) published a chart setting out the key metrics used to identify global systemically important institutions (G-SIIs) in the EU. The chart contains information on the size,...more

EMIR Collateral Damage

Last month the EBA, ESMA and EIOPA (together, the ESAs) published their long-awaited revised draft of the regulatory technical standards on the requirement to collect and post margin in respect of uncleared OTC derivative...more

Does CPSC or FDA Have Jurisdiction Over Your Consumer Product?

As our readers know, we write about legal developments that affect companies involved in manufacturing, importing, distributing, and/or selling “consumer products.” In many cases, these products fall squarely within the...more

Unpacking the Australian OTC Derivative Reporting Regime

The Australian government has released draft regulations implementing a single sided exemption from the trade reporting regime for over-the-counter (OTC) derivatives. Consultation on the regulations closed in late June and...more

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