News & Analysis as of

Derivatives European Union

Jones Day

FCA Consulting on Proposed Changes to the Derivatives Trading Obligation

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The Background: In 2021, the Financial Conduct Authority ("FCA") and HM Treasury began consulting on the Wholesale Markets Review (the "Review"), a broad review of the structure, functioning, and regulation of secondary...more

A&O Shearman

European Commission Consults on Draft Delegated Regulation for OTC Derivatives Identifying Reference Data

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The European Commission has published consultation for a draft Delegated Regulation supplementing the Markets in Financial Instruments Regulation as regards OTC derivatives identifying reference data to be used for the...more

A&O Shearman

UK Updates and Expands Equivalence for US Derivatives Trading Venues

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The Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024 (SI 2024/638) were made on May 14, 2024 and entered into force on June 4, 2024. In...more

Skadden, Arps, Slate, Meagher & Flom LLP

Taking Stock of Commodity Derivatives Regulation in the UK and EU

In July 2021, HM Treasury published the Wholesale Markets Review consultation (WMR), which included proposals to reform the U.K.’s secondary markets framework. There was broad support for reforms to (a) modify the ancillary...more

K&L Gates LLP

Brussels Regulatory Brief: February 2024

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Antitrust and Competition - The European Commission Carried Out Unannounced Inspections in the Tires Sector - On 30 January 2024, the Commission conducted dawn raids at the premises of several companies active in the tires...more

Hogan Lovells

Upcoming EMIR derivatives reporting changes: What you need to know

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The updated reporting rules under EMIR for new and outstanding derivatives trades will apply from 29 April 2024 under EU EMIR and 30 September 2024 under UK EMIR. Key changes to the reporting requirements have been introduced...more

A&O Shearman

EMIR 3 and Clearing in the EU

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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

A&O Shearman

EU Eases EMIR 3 Clearing Mandate

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The Council of the European Union and European Parliament have reached provisional political agreement on the latest revisions to the European Market Infrastructure Regulation, publishing on February 14, 2024, the agreed text...more

King & Spalding

EU Regulations Restricting Imports of Renewable Natural Gas and Green Hydrogen Derivative Products

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The European Commission (EC) is in the process of implementing its “Union database” (UDB) to track all renewable gases and liquid fuels. Gases and fuels, whether produced in the EU or imported, will need to be registered in...more

Proskauer Rose LLP

Regulation Round Up - December 2023

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation. Key developments in December 2023: 21 December - UK / Swiss Regulatory...more

Dechert LLP

EMIR REFIT Reporting: The Clock is Ticking – Are You Ready?

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Time to go-live is short – Monday 29 April 2024 for EU EMIR, and Monday 30 September 2024 for UK EMIR. All in-scope derivatives users will be affected by the changes....more

Proskauer - Regulatory & Compliance

A step closer to SFDR changes under ESAs’ Final Report  

On 4 December 2023 the European Supervisory Authorities (the “ESAs”) published their final report on updating the regulatory technical standards of the Sustainable Finance Disclosure Regulation (“SFDR Level 2”). The...more

A&O Shearman

HM Treasury Seeks Views on Clearing Exemption for Pension Schemes

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U.K. EMIR (the onshored European Market Infrastructure Regulation) generally requires the clearing at a central counterparty of all interest rate swaps and credit default swaps. As announced earlier this year, HM Treasury has...more

A&O Shearman

Pensions: what's new this week - 20 November 2023

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Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. This week we cover the following topics: Call for evidence...more

Seward & Kissel LLP

Simply Speaking - October 2023: Marshall Islands Netting Act

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On September 28, 2023, the Nitijela of the Republic of the Marshall Islands (“Nitijela”) during the 44th Constitutional Regular Session, 2023, enacted the Netting Act, 2023 (the “Netting Act”), which was certified by the...more

Akin Gump Strauss Hauer & Feld LLP

EMIR - Proposed Changes to EU Derivatives Rules

European Union (EU) proposals for changes to the over-the-counter (OTC) derivatives trading rules are underway. The final rules are not yet agreed, but we set out a summary of the proposals below....more

McDermott Will & Emery

Überarbeitung der AIFM- und UCITS-Richtlinie: Aktueller Stand und Ausblick

EU-Kommission, Parlament und Rat treten in die entscheidende Phase ihrer Beratungen über eine Neufassung der AIFM- und der UCITS-Richtlinie ein. Änderungen sind insbesondere bei den Themen Auslagerung, Darlehensfonds und...more

A&O Shearman

Clearing in the EU after EU EMIR 3

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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

Hogan Lovells

Continuing or cured? The suspension of swap payments following an event of default may not be unlimited

Hogan Lovells on

The High Court of England and Wales has recently provided welcome clarification around the nature of events of default under derivatives contracts governed by the ISDA Master Agreement, in particular in relation to whether an...more

A&O Shearman

LIBOR Transition: Further Proposed Changes to EU Clearing and Derivatives Trading Obligations

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The European Securities and Markets Authority has opened a consultation on proposals to amend the EU clearing and trading derivative obligations to reflect recent benchmark transitions from LIBOR to so-called risk-free rates....more

A&O Shearman

European Securities and Markets Authority Publishes Regulatory Technical Standards on Revised Commodity Derivative Clearing...

A&O Shearman on

The European Securities and Markets Authority has published a final report and Regulatory Technical Standards on its proposed increase to the commodity derivative clearing threshold under the European Market Infrastructure...more

Latham & Watkins LLP

US vs EU/UK Margin Rules Comparative Summary

Latham & Watkins LLP on

This updated guide lays out the margin requirements for uncleared derivative transactions in a user-friendly comparative table. ...more

A&O Shearman

EU Grants Further Time-Limited Equivalence for UK CCPs

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An EU Commission Implementing Decision extending the equivalence of U.K. CCPs to June 2025 has been published in the Official Journal of the European Union. The equivalence decision applies to U.K. CCPs already established...more

A&O Shearman

EU Consultation on CCP Procyclicality of Margin Requirements

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The European Securities and Markets Authority has opened a consultation in which it proposes to amend the requirements on EU CCPs relating to an additional charge related to the procyclicality of margin. Responses to the...more

A&O Shearman

European Securities and Markets Authority Provides Regulatory Forbearance for EU Clearing and Derivatives Trading Obligations in...

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The European Securities and Markets Authority has issued a statement in which it states that EU national regulators should not, from January 3, 2022, prioritize supervisory action for any failures by firms to comply with the...more

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