News & Analysis as of

Over The Counter Derivatives (OTC) European Union

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

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

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

Proskauer Rose LLP

SEC Adopts New Securities Lending Reporting Rule

Proskauer Rose LLP on

On October 13, 2023, the Securities and Exchange Commission (the “SEC”) adopted new Rule 10c-1a (the “Securities Lending Rule”), requiring the reporting of certain securities lending transactions. Certain material terms of...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

HMT confirms no more open access for exchange-traded derivatives

Hogan Lovells on

On 5 May 2020, the HM Treasury confirmed that it plans to remove the open access regime for exchange-traded derivatives (ETDs), which is currently within the UK version of the Markets in Financial Instruments Regulation (UK...more

Hogan Lovells

Securities and markets regulatory news, December 2020

Hogan Lovells on

Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 - The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (SI...more

A&O Shearman

European Commission Decision Temporarily Establishes UK CCP Equivalence

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The European Commission has published a Decision temporarily determining that U.K. central counterparties will be deemed equivalent to EU standards under the European Market Infrastructure Regulation. The Decision will apply...more

Akin Gump Strauss Hauer & Feld LLP

Changes to EMIR Reporting Responsibilities from 18 June 2020 – Key Considerations

Derivatives reporting responsibilities under the European Market Infrastructure Regulation (EMIR) will change from 18 June 20201, as (i) alternative investment fund managers (AIFMs) will become responsible for reporting for...more

Latham & Watkins LLP

Reporting of OTC Derivatives Between FC and NFC- Entities After 18 June 2020

Latham & Watkins LLP on

EMIR REFIT Mandatory Reporting provisions require market participants to consider their existing Delegated Reporting arrangements. Key Points: ..From 18 June 2020, financial counterparties (FCs) will be liable for the...more

Hogan Lovells

Collateral issues for derivatives counterparties amid the COVID-19 pandemic

Hogan Lovells on

The current COVID-19 pandemic has led to huge disruption in financial markets and larger collateral swings.  This note sets out some issues market participants may need to consider in relation to collateral under OTC...more

A&O Shearman

EU Consultation on Changes to Position Limits for Commodity Derivatives

A&O Shearman on

Following its Call for Evidence issued in May this year, the European Securities and Markets Authority has launched a consultation on proposed revisions to the legal framework for position limits and position management in...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on SEC's Proposal to Amend OTC Securities Quotation Rule, FINRA's...

BROKER-DEALER - SEC Proposes to Amend Quotation Rule for OTC Securities - The Securities and Exchange Commission (SEC) has proposed to amend Rule 15c2-11, which governs the publication and submission of quotations by...more

Kramer Levin Naftalis & Frankel LLP

Derivatives Alert - 10 points à retenir sur EMIR Refit

Le règlement (UE) n°2019/834 (EMIR Refit ou EMIR 2.1) publié au JOUE le 28 mai 2019 est entré en vigueur le 17 juin 2019. L'objectif majeur d’EMIR Refit est de limiter l'application du règlement (UE) n°648/2012 (EMIR) aux...more

A&O Shearman

EU Capital Requirements Directive V and Capital Requirements Regulation II Finalized

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The legislative amendments to the EU's Capital Requirements Regulation and the Capital Requirements Directive, widely referred to as "CRD5" or "CRR2", have been published in the Official Journal of the European Union. Subject...more

A&O Shearman

UK Secondary Legislation Published to Implement Changes under EMIR REFIT

A&O Shearman on

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2019 have been made and will come into force on July 9, 2019....more

Morgan Lewis

EMIR 2.1 Takes Effect Imminently: Implications for EU and Non-EU Asset Managers and Funds

Morgan Lewis on

Following an assessment by the European Commission (the Commission) of how the European Market Infrastructure Regulation (EMIR) has been working since it entered into force on 16 August 2012 and the phasing in of its various...more

Dechert LLP

EMIR ALERT: EMIR REFIT – 19 days to go…

Dechert LLP on

On Tuesday 28 May 2019, the EMIR Refit Regulation (the "EMIR Refit") was published in the Official Journal. Relevant entities now have only 19 days to prepare for some of the key changes, ahead of the go live date of Monday...more

A&O Shearman

EU Equivalence Decision for Japan for Uncleared Derivatives

A&O Shearman on

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

Akin Gump Strauss Hauer & Feld LLP

EMIR Refit – Redefining a “Financial Counterparty” and why this Matters to Fund Managers

Legislative reform to the European Market Infrastructure Regulation (EMIR) has now been finalised and the changes are expected to take effect in or around June 2019. The EMIR Refit, as the reform is known, amends the scope of...more

Akin Gump Strauss Hauer & Feld LLP

Brexit: Recognition of UK Derivatives Regulation

• Under Swiss law, to fulfil the clearing, reporting and risk mitigation obligations applying to derivatives trading under foreign law, the Swiss Financial Market Supervisory Authority (FINMA) must recognize the foreign law...more

Orrick, Herrington & Sutcliffe LLP

Brexit: al via il decreto legge recante misure urgenti per garantire la stabilit finanziaria e l'integrit dei mercati

In data 20 marzo 2019, il Consiglio dei Ministri ha approvato un decreto legge che introduce misure urgenti per garantire la stabilità finanziaria e l'integrità dei mercati in caso di recesso del Regno Unito di Gran Bretagna...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

Dechert LLP

Financial Services Quarterly Report - Fourth Quarter 2018: Thinking of a UCITS? – Points to Consider

Dechert LLP on

With close to EUR 10 trillion in net assets,1 UCITS are an attractive proposition for managers. The UCITS brand is globally recognised and is firmly established as a product of choice for retail investors and institutions...more

A&O Shearman

Statement by EU Supervisory Authority Confirms No EU Transitional Measures For UK Credit Rating Agencies and Trade Repositories on...

A&O Shearman on

The European Securities and Markets Authority has issued a public statement urging customers of credit rating agencies and trade repositories to prepare for a "no deal" Brexit. The European Market Infrastructure Regulation...more

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