News & Analysis as of

European Markets Infrastructure Regulation European Union Central Counterparties

A&O Shearman

European Securities and Markets Authority Publishes Final Report and Updated Q&A on CCP Membership Criteria and Due Diligence

A&O Shearman on

The European Securities and Markets Authority has published a final report on the 2018 survey it conducted on central counterparties' membership criteria and due diligence practices, together with an update to its Q&As...more

Latham & Watkins LLP

Third-Country Firms Operating Cross-Border Into the EU - Upcoming Reform

Latham & Watkins LLP on

Firms outside of Europe should be aware of planned upcoming changes to how they access European markets. Key Points: ..The EU legislators have been reviewing various financial services regimes and developing reforms...more

Orrick - Finance 20/20

European Commission Publishes Communication on Equivalence Policy With Non-EU Countries

On July 29, the European Commission published a communication (and annex) on equivalence in the area of financial services. ...more

A&O Shearman

EMIR Refit Regulation Published

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The Regulation amending the European Market Infrastructure Regulation, known as EMIR Refit or EMIR 2.1, has been published in the Official Journal of the European Union....more

Kramer Levin Naftalis & Frankel LLP

Cooperation in Derivatives in a No-Deal Brexit Environment

With the date for the United Kingdom to leave the European Union rapidly approaching, several recent developments concerning derivatives (both legal and political) are likely to be of interest to UK and EU27 counterparties....more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on SEC C&DIs, Brexit Financial Sanctions, EMIR Refit Regulation and ESMA

SEC/CORPORATE - SEC Issues C&DI on Disclosure of Self-Identified Director Diversity Characteristics - On February 6, the staff of the Division of Corporation Finance of the Securities and Exchange Commission released...more

A&O Shearman

UK Draft Legislation to Onshore the European Market Infrastructure Regulation Published

A&O Shearman on

HM Treasury has published in draft format the Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018 – the U.K.'s draft statutory...more

A&O Shearman

More Pieces of the Brexit Puzzle: Enhanced Equivalence, Transitional Regimes

A&O Shearman on

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

A&O Shearman

UK Legislation Published for a Post-Brexit Recognition Regime for CCPs

A&O Shearman on

A draft of the Central Counterparties (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 has been laid before Parliament. The finalized Regulations will come into force partly on the day after the day...more

A&O Shearman

European Securities and Markets Authority Issues Opinion on CCP Liquidity Risk Assessment

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The European Securities and Markets Authority has published an Opinion on the liquidity risk assessment that a CCP must undertake under the European Market Infrastructure Regulation. The Opinion is addressed to national...more

Orrick - Finance 20/20

European Parliament Adopts EMIR Refit Regulation

Orrick - Finance 20/20 on

The European Parliament published a press release on June 12, 2018 announcing that it has voted in plenary to adopt the proposed Regulation amending EMIR (the Regulation on OTC derivatives, central counterparties (“CCPs“) and...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

European Financial Industry Developments - BCBS Publishes its Work Program for 2018 and 2019 - On June 5, 2018, the Basel Committee on Banking Supervision ("BCBS") published details of its work program for 2018 and...more

A&O Shearman

European Securities and Markets Authority Finalizes Guidelines on Anti-Procyclicality Margin Measures for CCPs

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The European Securities and Markets Authority has published a Final Report, setting out Guidelines for national regulators of CCPs on the application of rules under the European Market Infrastructure Regulation that require...more

A&O Shearman

Clarification on Scope of EMIR Obligations for Public Entity Clearing Members Needed

A&O Shearman on

The Chair of the European Securities and Markets Authority, Steven Maijoor, has written to the European Commission recommending that clarification of certain provisions of the European Market Infrastructure Regulation should...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

ESMA Asks European Commission to Clarify Scope of Exemptions from EMIR Financial Obligations - On April 27, 2018, the European Securities and Markets Authority ("ESMA") published a letter from Steven Maijoor, ESMA Chair,...more

A&O Shearman

Proposed EU Guidelines on CCP Requirement for Anti-Procyclicality Margin Measures

A&O Shearman on

The European Securities and Markets Authority is consulting on proposed guidelines for national regulators of CCPs on the application of the rules requiring CCPs to adopt anti-procyclicality margin measures....more

A&O Shearman

EU Equivalence Decision for US on Uncleared Derivatives

A&O Shearman on

A Commission Implementing Decision declaring equivalence of the US legal, supervisory and enforcement arrangements for risk mitigation techniques and exchange of collateral has been published in the Official Journal of the...more

K&L Gates LLP

Brussels Regulatory Brief: July

K&L Gates LLP on

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

A&O Shearman

European Commission Proposes Technical Changes to the European Market Infrastructure Regulation

A&O Shearman on

The European Commission has published a legislative proposal to amend the European Market Infrastructure Regulation. This proposal is the result of an extensive assessment of EMIR between 2015 and 2016. The proposal covers a...more

A&O Shearman

European Commission Proposals for a "Location Policy" and Enhanced Supervision of Third Country CCPs

A&O Shearman on

The European Commission has published legislative proposals to amend the European Market Infrastructure Regulation and the Regulation establishing the European Securities and Markets Authority. The proposals are on the...more

Kramer Levin Naftalis & Frankel LLP

Projet de règlement de la Commission européenne modifiant le règlement 648/2012 dit « règlement EMIR »

This alert examines the draft Commission Regulation amending Regulation 648/2012 aka « EMIR Regulation » and Communication from the Commission to the EU Parliament and Council as well as to the European Central Bank. ...more

A&O Shearman

Delay to EU Clearing Obligation for "Category 3" and "Category 4" Counterparties

A&O Shearman on

An amending Commission Delegated Regulation extending the deadline for compliance with clearing obligations for certain counterparties dealing with OTC derivatives has been published in the Official Journal of the European...more

A&O Shearman

European Securities and Markets Authority Issues Opinion on the Proposed EU Regulation on CCP Recovery and Resolution

A&O Shearman on

The European Securities and Markets Authority has issued an Opinion on the European Commission's proposed EU Regulation on CCP Recovery and Resolution. The proposal gives CCPs' national regulators under the European Market...more

Orrick - Finance 20/20

ESRB Reports on Revision of EMIR

Orrick - Finance 20/20 on

On April 21, 2017, the European Systemic Risk Board (“ESRB“) published a report on the revision of the European Market Infrastructure Regulation (the “EMIR“). The report welcomes the European Commission’s November 2016...more

A&O Shearman

EU Clarification on CCP Portfolio Margining Requirements

A&O Shearman on

The European Securities and Markets Authority has published an Opinion addressed to EU national regulators on the portfolio margining requirements for CCPs under the European Market Infrastructure Regulation. The Regulatory...more

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