Of the many aims of the EU’s latest revisions to the European Market Infrastructure Regulation (EMIR), the most controversial and intensely debated is mandating clearing at EU CCPs. Since Brexit, the EU has been concerned...more
The European Commission published proposals to amend the EU’s European Market Infrastructure Regulation (EMIR) in December 2022 (EMIR 3). According to the Commission, some of these measures are aimed at improving the...more
The European Union’s financial regulatory regime for third-country access in many sectors relies on a framework of “equivalence,” whereby institutions based in approved non-EU countries with similar standards may have varying...more
10/22/2020
/ EIOPA ,
EMIR ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
FinTech ,
MiFID II ,
MiFIR ,
UK ,
UK Brexit
The EU proposals to amend technical aspects of the European Market Infrastructure Regulation (EMIR), known colloquially as ‘EMIR 2.1’ or ‘EMIR Refit’, have been politically agreed. The final text is likely to be published in...more
4/3/2019
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Investment Funds ,
Amended Regulation ,
Counterparties ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
ISDA ,
No-Deal Brexit ,
Third Country Entities (TCEs) ,
Transitional Arrangements ,
UK Brexit
UK Post-Brexit EU Financial Services Legislation -
Shearman & Sterling is today making available consolidated versions of EU legislation showing the proposed U.K. on-shored versions. The batch of legislation that will be...more
Many EU and U.K. financial institutions have been waiting with bated breath for (and commencing their contingency plans without) a clear picture of what post-Brexit U.K.-EU financial services will look like. In this note we...more
8/21/2018
/ Central Counterparties ,
EMIR ,
EU ,
EU Passport ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
HM Treasury ,
Senior Management Regime (SMR) ,
Short Selling ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit
In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates.
...more
7/19/2017
/ Anti-Money Laundering ,
CONSOB ,
Corporate Governance ,
EMIR ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
Hong Kong ,
JOBS Act ,
Listing Standards ,
Non-GAAP Financial Measures ,
Prospectus ,
Reporting Requirements ,
Securities Litigation ,
Third Country Entities (TCEs) ,
UK
Last week, the European Commission published proposals to amend the European Market Infrastructure Regulation (EMIR), which is the main piece of EU legislation governing derivatives markets. Among the amendments proposed is a...more
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
On 10 February 2016, the European Commission and the CFTC announced a common approach regarding supervision of central counterparties operating in the US and EU, paving the way for cross-border equivalence and recognition...more
The obligation for central clearing of OTC derivatives under the European Market Infrastructure Regulation will apply from June 2016. A Delegated Regulation that imposes a mandatory clearing obligation for interest rate swap...more
The European Commission has adopted “equivalence” decisions on the derivatives regulatory regimes for central counterparties in Canada, Mexico, Republic of Korea, South Africa and Switzerland. This follows the decisions...more
Implementation of the obligation for central clearing of OTC derivatives under the European Market Infrastructure Regulation now seems imminent. The European Commission has adopted a Delegated Regulation that would impose a...more
The European Commission has adopted “equivalence” decisions on the derivatives regulatory regimes for central counterparties in Australia, Hong Kong, Japan and Singapore. Further decisions are awaited for other jurisdictions...more
5/28/2015
/ Australia ,
CCPs ,
Derivatives ,
EMIR ,
Equivalency Determinations ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Regulatory Reform ,
Hong Kong ,
Japan ,
Singapore ,
Trade Repositories
A transaction reporting regime has been in place at EU level for some time, albeit much was delegated to national implementation. Under MiFID II, the reporting regime will be overhauled and significantly extended in terms of...more
MiFID II is the latest piece in a package of European and global reforms impacting commodity derivatives and emissions traders, drawn up in response to concerns as to excessive speculation and volatility in the commodities...more
In this issue:
- Derivatives
- Regulatory Capital
- Recovery & Resolution
- Bank Structure
- Financial Market Infrastructure
- Financial Services
- Funds
-...more
7/31/2014
/ Banks ,
Capital Markets ,
CFTC ,
Derivatives ,
EMIR ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Exchange-Traded Products ,
Financial Regulatory Reform ,
Leverage Ratio ,
Market Participants ,
OCR ,
UCITS
In this issue:
- Derivatives
- Compensation
- Bank Prudential Regulation and Regulatory Capital
- Recovery & Resolution
- Credit Ratings
- Insurance
- Financial Services...more
7/23/2014
/ Banking Sector ,
Banks ,
Basel III ,
Capital Markets ,
Credit Ratings ,
Derivatives ,
EMIR ,
Enforcement ,
EU ,
European Banking Authority (EBA) ,
European Central Bank ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Executive Compensation ,
FDIC ,
Insurance Reform ,
OCC ,
Reporting Requirements ,
Stress Tests
The European Securities and Markets Authority is consulting on the mandatory clearing obligation for certain derivatives. Draft regulatory technical standards have been published for the mandatory clearing of certain interest...more
In this issue:
- Derivatives
- Regulatory Capital
- Recovery & Resolution
- Financial Services
- Consumer Protection
- Enforcement
- People
- Events
-...more
7/15/2014
/ Banking Sector ,
Banks ,
CFTC ,
Derivatives ,
Draft Guidance ,
EMIR ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
No-Action Relief ,
OCC
In this issue:
- EU DEVELOPMENTS
- Statutory Audit Directive and Regulation Published in Official Journal
- Council Adopts Intra-Corporate Transferees Directive
- ESMA Publishes Consultation and...more
7/14/2014
/ Audits ,
Corporate Governance ,
Corporate Social Responsibility ,
Derivatives ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
MiFID ,
Over The Counter Derivatives (OTC) ,
Prospectus ,
Shareholder Rights ,
Shareholders
In this issue:
- Derivatives
- Capital and Prudential Regulation
- Remuneration
- Credit Ratings
- Funds
- Financial Services
- Enforcement
- Events
-...more
6/12/2014
/ Australia ,
Banks ,
Capital Markets ,
CCMR ,
CFTC ,
Compliance ,
Credit Ratings ,
Cross-Border ,
Derivatives ,
EMIR ,
Enforcement ,
EU ,
European Securities and Markets Authority (ESMA) ,
FDIC ,
Financial Regulatory Reform ,
Foreign Banks ,
Investment Funds ,
Leverage Capital Ratio ,
Memorandum of Understanding ,
Prudential Regulation Authority (PRA) ,
Remuneration
In this issue:
- Derivatives
- Regulatory Capital
- Bank Prudential Regulation
- Financial Market Infrastructure
- Financial Services
- Enforcement
- People
-...more
6/5/2014
/ Banks ,
Capital Markets ,
Capital Requirements ,
Compliance ,
Derivatives ,
EMIR ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Markets ,
Financial Regulatory Reform ,
Infrastructure ,
Prudential Regulation Authority (PRA) ,
Securities and Exchange Commission (SEC) ,
UK
In this issue:
- Derivatives
- Regulatory Capital
- Recovery & Resolution
- Funds
- Financial Services
- Enforcement
- Events
- Excerpt from...more
5/27/2014
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets ,
CCPs ,
CFTC ,
Commodities ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Suisse ,
Derivatives ,
EMIR ,
Enforcement ,
EU ,
European Securities and Markets Authority (ESMA) ,
Federal Reserve ,
Hedge Funds ,
Hedges ,
MiFID ,
No-Action Relief ,
Proposed Legislation ,
Reporting Requirements
In this issue:
- Derivatives
- Bank Prudential Regulation
- Financial Services
- Enforcement
- People
- Events
- Excerpt from Derivatives:
Implementing Regulation...more