Territorial Scope of Reporting, Clearing and Trading
|
|
- Jerome Tate
- 5 years ago
- Views:
Transcription
1 Regulatory reforms charting a new course Territorial Scope of Reporting, Clearing and Trading Chris Bates May 2014
2 EMIR and MiFID2/MiFIR: timeline 15 March 2013 Confirmations Daily valuation NFC+ reporting 1 January 2014 CRD4/CRR: capital rules 12 February/11 August 2014 Reporting to TRs 10 April/10 October 2014 Application to TCE-TCE trades Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 15 September 2013 Portfolio reconciliation Portfolio compression Dispute resolution 18 March 2014 First CCP authorised: Clearing member obligations Frontloading First clearing obligation starts* 3 year phase-in for NFC+s Margining uncleared trades* MiFID2/MiFIR: transparency, platform trading, position limits, etc.* Estimated start dates for these obligations. 2
3 What obligations are imposed under EMIR? Clearing Obligation to clear transactions through a CCP authorised or recognised in the EU Obligation for non-financial counterparties subject to clearing to notify regulator Risk mitigation Operational risk mitigation: arrangements for timely confirmation, portfolio reconciliation and compression and dispute resolution (and reporting to regulators) Daily valuation: mark-to-market and mark-to-model Margining: mandatory exchange of margin Capital for uncollateralised risk Reporting to TRs Reporting of transactions to trade repositories (TRs) registered or recognised by ESMA Record keeping of transactions Members of CCPs Disclosure of fees and client protections, segregation of accounts and use of margin 3
4 Who is subject to the EMIR obligations? Financial counterparty (FC) Investment firms Credit institutions Insurance/reinsurance companies Pension funds UCITS (mutual funds) and their managers Alternative investment funds (AIF) managed by AIF manager If authorised or registered under relevant EU directive Non-financial counterparty over the clearing threshold (NFC+) NFC... whose positions in OTC derivatives exceed the clearing threshold Obligation to notify competent authority (effective 15 March 2013) Non-financial counterparty (NFC) Undertaking established in the EU not an FC or CCP Non-EU entity (TCE) Undertaking established outside the EU Which would be subject to the relevant obligation if established in the EU Exempt entities: Article 1(4) Article 1(5) Pension funds (clearing) 4
5 Who is subject to the EMIR obligations?* Clearing FCs** NFC+s** TCEs*** Risk mitigation: Operational: procedures FCs NFC+s Other NFCs Operational: reporting to regulators FCs Daily valuation FCs NFC+s Margining **** FCs NFC+s Capital FCs Reporting to TRs FCs NFC+s Other NFCs Members of CCPs Members of EU authorised CCPs Does not address trades between two TCEs; ** if counterparty is an FC, NFC+ or TCE; *** if counterparty is an FC or NFC+; **** if counterparty is an FC, NFC+ or any non-eu entity (proposed) 5
6 Where do the clearing and risk mitigation rules apply? EU Non-EU FC or NFC* Exceptions: NFC+ notification; Daily valuation; FC regulatory reporting obligations OTC derivative FC or NFC* FC or NFC* OTC derivative TCE** Only if transaction has a direct, substantial and foreseeable effect in the EU or if necessary or appropriate to prevent evasion of EMIR rules TCE OTC derivative TCE Note: Categorisation of a branch likely to follow categorisation of legal entity. Non-EU AIFs are categorised as FCs in the EU if they are managed by an AIF manager authorised or registered in EU under AIFM Directive. * Clearing rules only apply to NFC+s; ** ESAs propose that FCs and NFC+s should collect margin from all non-eu entities 6
7 Application to transactions between two TCEs The clearing and risk mitigation obligations apply to transactions between TCEs where: The transaction would have a direct, substantial and foreseeable effect within the EU; or It is necessary or appropriate to apply the obligation in order to prevent evasion. Technical standards adopted by the European Commission define when these provisions apply. Direct, substantial and foreseeable effect : Where one counterparty benefits from a guarantee (meeting specified quantitative standards) from an FC; or Where two EU branches or non-eu entities deal with each other Applies from 10 October 2014 Necessary or appropriate to prevent evasion : Where primary purpose to defeat object, spirit or purpose of EMIR Including where part of an artificial arrangement Arrangement is artificial if lacks business rationale, commercial substance or relevant economic justification Applies from 10 April
8 Application to asset management clients EU established funds and clients If they are FCs or NFCs (and not exempt) Required to comply with EMIR clearing, reporting and risk mitigation rules (as applicable) Even if the asset manager/counterparty outside EU Practical issues around delegation of performance Non-EU established funds and clients Not required to comply with EMIR clearing, reporting and risk mitigation rules Even if asset manager/counterparty in EU Except: Non-EU AIFs managed by an EU authorised/registered AIFM are treated as FCs (i.e. EU) Clearing obligation may apply if transact with an FC/NFC+ If transact with an FC/NFC may be required to facilitate their compliance Possible application of TCE-TCE rules 8
9 Duplicative or conflicting obligations? EMIR envisages equivalence assessments by the Commission of non-eu jurisdictions: as part of the recognition process for non-eu CCPs; as part of the recognition process for non-eu TRs; for the purpose of determining the exemption from conflicting or duplicative clearing, reporting and risk mitigation obligations for transactions with a counterparty established in an equivalent non-eu jurisdiction (also relevant to the intra-group exemption). US Japan Australia Hong Kong Singapore CCPs TRs Conflicting/ duplicative rules Deemed compliance Where at least one counterparty is established in an equivalent jurisdiction, both counterparties are deemed to have complied with the clearing, risk mitigation and reporting obligations. No clear timetable for the Commission to adopt its assessments after receives advice Positive assessment depends on progress in non-eu jurisdictions in adopting and implementing regulations reflecting G20 commitments. Timing may be affected by negotiations on US extraterritoriality. Switzerland Canada India South Korea Rest of world Key nature of ESMA advice on non-eu regime: Non-EU regime equivalent (exc. ASX equities clearing) Non-EU regime only partially/conditionally equivalent (or reciprocity issues) Premature to give advice No current request for ESMA advice 9
10 Intra-group transaction exemption Clearing / margin obligations Article 3 EMIR definition of intragroup Additional requirements to be met for margin obligation Parties using exemption from the margin rules for intra-group transactions are subject to ongoing public disclosure requirements. For transactions with non-eu group companies, it may be necessary for the Commission first to have assessed the non-eu jurisdiction as having equivalent regulation for EMIR purposes. UK FCA has made its Web Portal available for applications for exemption between two UK group entities. Apply to / notify competent authority Not less than 30 days in advance 10
11 Derivatives mandatory trading obligation under MiFIR OTC derivative subject to the clearing obligation under EMIR Not an intragroup transaction under Article 3 EMIR Declared subject to mandatory venue trading obligation Must be traded only on: Not subject to transitional provisions under Article 89 EMIR In order to become subject to mandatory trading, derivatives must be: Admitted to trading on at least one relevant trading venue; Sufficiently liquid ESMA to take into account anticipated impact on liquidity of relevant derivatives and commercial activities of end users ESMA also to consider whether derivatives only sufficiently liquid in transactions below a certain size Regulated market MTF OTF Equivalent third country market 11
12 Derivatives mandatory trading obligation (2) OTC derivative subject to the clearing obligation under EMIR Not an intragroup transaction under Article 3 EMIR Declared subject to mandatory venue trading obligation Regulated market Must be traded only on: MTF Not subject to transitional provisions under Article 89 EMIR OTF Equivalent third country market Effective equivalent recognition for EU trading venues in relation to derivatives; Commission decision that there are equivalent legally binding requirements: Authorisation and supervision; Venue has clear and transparent rules on admission to trading; Issuers are subject to periodic information requirements; Market abuse rules Commission decision only for purposes of determining eligibility as a trading venue for these purposes, and may be limited to a category or categories of trading venues. 12
13 Who is subject to mandatory trading? FC or NFC+ OTC derivative FC or NFC+ EU Non-EU Only if transaction has a direct, substantial and foreseeable effect in the EU or if necessary or appropriate to prevent evasion FC = financial counterparty NFC+ = non-financial counterparty over the EMIR clearing threshold TCE = non-eu entity which would have been subject to the trading obligation if established in the EU Third country financial institution = non-eu entity authorised to carry on any of the activities listed in BCD, MiFID 2, Solvency II, UCITS, IORPs, AIFMD FC or NFC+ OTC derivative Third country financial institution or TCE TCE Where possible and appropriate, ESMA s technical standards shall be identical to those under EMIR OTC derivative TCE Note: Exemption for duplicative or conflicting obligations. Treatment of entities exempt under Article 1(4) or 1(5) EMIR? 13
14 Questions? EMIR update 14
15 , 10 Upper Bank Street, London, E14 5JJ 2014 LLP is a limited liability partnership registered in England and Wales under number OC Registered office: 10 Upper Bank Street, London, E14 5JJ We use the word 'partner' to refer to a member of LLP, or an employee or consultant with equivalent standing and qualifications
Sea of Change Regulatory reforms charting a new course. EMIR: illustrative implementation timeline and expected developments January 2015
EMIR: illustrative implementation timeline and expected developments January 2015 Contents Introduction EMIR: illustrative implementation timeline EMIR: some expected developments Phase-in of the clearing
More informationNew EU Rules on Derivatives Trading. Introduction to EMIR for insurers
New EU Rules on Derivatives Trading Introduction to EMIR for insurers Barry King & Jack Parker OTC Derivatives & Post Trade Policy Financial Conduct Authority Material in this presentation is based on
More informationEMIR the road ahead is clearing an update
Thursday, 7 January 2016 EMIR the road ahead is clearing an update First phase interest rate derivatives After months of internal wrangling between the European Commission and ESMA over the details on
More informationDerivatives Regulation
Derivatives Regulation Douglas Donahue Partner +1 212 506 2562 ddonahue@mayerbrown.com Jerome Roche Partner +1 202 263 3773 jroche@mayerbrown.com Ed Parker Partner +44 20 3130 3922 EParker@mayerbrown.com
More informationMiFID 2/MiFIR Articles relevant to article The top 10 things every commodities firm needs to know about MiFID 2
MiFID 2/MiFIR Articles relevant to article The top 10 things every commodities firm needs to know about MiFID 2 8. Is our ability to trade over the counter impacted by MiFID 2? EU Commission MiFIR legislative
More informationEMIR 2.1 July 2018 EXECUTIVE SUMMARY
EMIR 2.1 July 2018 After almost a year of discussion, on 12 June 2018 the European Parliament approved a revised proposal put forward by the European Commission to amend the terms of EMIR 1. The revised
More informationRegulatory Briefing EMIR a refresher for investment managers: are you ready for 12 February 2014?
Page 1 Regulatory Briefing EMIR a refresher for investment managers: are you ready for 12 February 2014? February 2014 With effect from 12 February 2014, the trade reporting obligations in the European
More informationEMIR update. Impact on Asian counterparties. Paul Browne Penny Miller Jason Valoti. 27 March 2014
EMIR update Impact on Asian counterparties Paul Browne Penny Miller Jason Valoti 27 March 2014 Key issues Risk mitigation techniques countdown to 30 April and significance for non-eu counterparties Reporting
More informationThe Extra-territorial Impact of EMIR on Non-EU Swap Counterparties
10 December 2013 Practice Group(s): Derivatives, Securitization and Structured Products Investment Management, Hedge Funds and Alternative Investments The Extra-territorial Impact of EMIR on Swap By Sean
More informationMAJOR NEW DERIVATIVES REGULATION THE SCIENCE OF COMPLIANCE
Regulatory June 2013 MAJOR NEW DERIVATIVES REGULATION THE SCIENCE OF COMPLIANCE Around the world, new derivatives laws and regulations are being adopted and now implemented to give effect to a 2009 agreement
More informationRegulatory developments and hot topics. BVCA Regulatory Committee
Regulatory developments and hot topics BVCA Regulatory Committee European and UK regulatory developments Margaret Chamberlain, Travers Smith LLP Tim Lewis, Travers Smith LLP Amy Veitch, Macquarie Stephen
More informationMiFID II 31 December MiFID II. Derivatives: trade execution
MiFID II 31 December 2016 1 MiFID II Derivatives: trade execution December 2016 MiFID II 31 December 2016 1 Key Points MiFID II requires certain standardised derivative contracts to be traded through a
More informationEMIR 1.5. July (Regulation EU 648/2012) 2 See the Regulatory Technical Standards and the Annexes published on 4 th October 2016
EMIR 1.5 July 2017 Just as the dust had settled on implementation of the EMIR 1 margin requirements 2, the European Commission recently published a proposal for a new regulation with the aim of simplifying
More informationDerivatives: trade execution
2016 MiFID II Derivatives: trade execution Key Points MiFID II requires certain standardised derivative contracts to be traded through a trading venue This obligation only applies to those classes of derivatives
More informationEMIR Supervision by DNB
EMIR Supervision by DNB Points of interest and highlights Mieke Wennekes, 24 november 2015 1 Agenda Why EMIR EMIR Supervisory requirements Whom does this concern What can you expect from DNB What will
More informationIMPLEMENTATION OF EMIR MARGIN RULES for UNCLEARED OTC DERIVATIVES -
IMPLEMENTATION OF EMIR MARGIN RULES for UNCLEARED OTC DERIVATIVES - January 2017 update On 4 January 2017 new EU regulatory technical standards under EMIR 1 came into force that in the next two months
More informationEU and US developments in the regulation of funds and derivative trading
EU and US developments in the regulation of funds and derivative trading FIRMA 28 th National Risk Management Training Conference Orlando, Florida Mark Compton Jerome Roche Partner Partner +44 (0)20 3130
More informationCOUNTERPARTY CLEARING SYSTEM IN EUROPE
TR É S O R I S K C O N S E I L COUNTERPARTY CLEARING SYSTEM IN EUROPE IAFEI MANILA OCT 2014 NEW REQUIREMENTS GENERAL CONCEPT FOR ALL INSTITUTIONS The new regulation comes into force during 2013 and 2014.
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 20 March 2014 ESMA/297 Date: 20 March 2014 ESMA/2014/297
More informationOTC Derivatives US/EU comparison EIFR, 18 December 2013
OTC Derivatives US/EU comparison EIFR, 18 December 2013 Laurence Caron-Habib Head of Public Affairs September 6 th, 2013 G-20 requirements on OTC derivatives Commitment on 4 principles at September 2009
More informationEMIR FAQ 1. WHAT IS EMIR?
EMIR FAQ The following information has been compiled for the purposes of providing an overview of EMIR and is not legal advice. The information is only accurate at date of publication and is subject to
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 14 December 2017 ESMA70-1861941480-52 Date: 14 December
More informationClient Clearing of Derivatives in Europe a Client s Perspective.
2 September 2015 Client Clearing of Derivatives in Europe a Client s Perspective. Introduction What does this guide cover? This guide introduces the concept of derivatives clearing, the status of mandatory
More informationPolicies and Procedures [Manual/Handbook]
Version 1 SAMPLE (27.2.2017) For EU Bank/Broker within a group (includes IM) [Name of Bank/Broker] Policies and Procedures [Manual/Handbook] for the margining of uncleared swaps under EMIR Contents No
More informationEMIR - What should Hedge Funds be doing?
www.pwc.co.uk EMIR - What should Hedge Funds be doing? Sept 2009 2008 credit crisis 2008: OTC market collapse Weaknesses revealed in crisis Collapse of Bear Stearns and Lehmans Heightened levels of counterparty
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 11 November 2013 ESMA/1633 Date: 11 November 2013 ESMA/2013/1633
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 5 August 2013 ESMA/1080 Date: 5 August 2013 ESMA/2013/1080
More informationBrexit and Equivalence. Eddy Wymeersch
Brexit and Equivalence Eddy Wymeersch Context of Equivalence Within EU: passport access to all 28/all services in regulation 3rd country: No access, except if 3 rd Country is equivalent Equivalence for
More information6 August EMIR Review. Simon Puleston Jones
6 August 2015 2015 EMIR Review Simon Puleston Jones EMIR Review - overview 21 May 2015: The European Commission launched a review of EMIR, publishing a questionnaire. Covers 4 main areas: Scope of the
More informationDerivatives Markets not Leaving the Regulatory Spotlight yet
Derivatives Markets not Leaving the Regulatory Spotlight yet Financial Markets Legal Update 18 May 2017 Rezah Stegeman Programme EMIR for a minute Trading obligation (MiFID2) Post-trade transparency for
More informationDemystifying EMIR & CSDR s Implementation. Mr Nathan Fenech Analyst, Securities and Markets Supervision Unit, MFSA 16 th December, 2015
Demystifying EMIR & CSDR s Implementation Mr Nathan Fenech Analyst, Securities and Markets Supervision Unit, MFSA 16 th December, 2015 1 1 2 EMIR EMIR CSDR 2 3 Implementation in Malta 3 Stage Process:
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 4 February ESMA/2016/242 Date: 4 February 2016 ESMA/2016/242
More informationESMA s 2019 Regulatory Work Programme
4 February 2019 ESMA20-95-1105 ESMA s 2019 Regulatory Work Programme The Regulatory Work Programme (RWP) provides an overview of ESMA s Single Rulebook work. It lists all the technical standards and technical
More informationBrexit. The impact on Market Infrastructure. 3 August 2016
Brexit The impact on Market Infrastructure 3 August 2016 Introduction Introduction Where are we now? What happens next? What is at stake for market infrastructure? What regulations will apply until Brexit?
More informationEuropean Derivatives Regulation: Spotlight on the European Markets and Infrastructure Regulation ( EMIR ) 1
European Derivatives Regulation: Spotlight on the European Markets and Infrastructure Regulation ( EMIR ) 1 BY THE INVESTMENT MANAGEMENT GROUP September 2013 Of late it has been difficult to avoid media
More informationEMIR : Regulation on OTC derivatives, Central Counterparties and Trade Repositories
EMIR : Regulation on OTC derivatives, Central Counterparties and Trade Repositories Contents EMIR : Regulation on OTC derivatives, Central Counterparties and Trade Repositories Background Page 2 Scope
More informationUpdate on Third Country Equivalence Under EMIR
CLIENT PUBLICATION FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY 18 November 2015 Update on Third Country Equivalence Under EMIR The European Commission has adopted equivalence decisions on the
More information2 December InfoNet. MiFID II/R Seminar. Indirect Clearing. Sponsored by
2 December 2015 InfoNet MiFID II/R Seminar Indirect Clearing Sponsored by AGENDA 08.30-09.00 Registration 09.00-09.20 Presentation Jeremy Walter, Partner, Clifford Chance 09.20-10.20 Panel Session Janina
More informationConsultation Paper. Clearing Obligation under EMIR (no. 6) 11 July 2018 ESMA
Consultation Paper Clearing Obligation under EMIR (no. 6) 11 July 2018 ESMA70-151-1530 Date: 11 July 2018 ESMA70-151-1530 Responding to this paper The European Securities and Markets Authority (ESMA) invites
More informationExplanatory memorandum to the form of the ISDA EMIR Classification Letter
Explanatory memorandum to the form of the ISDA EMIR Classification Letter International Swaps and Derivatives Association, Inc. ( ISDA ) has prepared this explanatory memorandum to assist in your consideration
More informationComparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation
2014 Morrison & Foerster (UK) LLP All Rights Reserved mofo.com Comparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation Overview Comparison of Dodd Frank Act Title VII
More informationCOMMISSION DELEGATED REGULATION (EU) No /.. of [date]
RTS 12: Draft regulatory technical standards on criteria for determining whether derivatives have a direct, substantial and foreseeable effect within the EU (Article 28(5) of MiFIR) COMMISSION DELEGATED
More informationAcronym for European Market Infrastructure Regulation Arabic for commander, general, or prince
-Institute ISEEE Fall 2013 Regulatory Landscape Session EMIR New EU Rules on Derivatives Trading Ruediger Ruecker, Managing Partner CAPMEX-Institute Budapest, 17 September 2013 EMIR & Emir [eˈmiːr], Arabic:
More informationCOMMISSION DELEGATED REGULATION (EU) /... of
EUROPEAN COMMISSION Brussels, 13.6.2016 C(2016) 3544 final COMMISSION DELEGATED REGULATION (EU) /... of 13.6.2016 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council
More information40 Minute Briefing European and domestic reform: The day after tomorrow EMIR, CASS & MiFID
FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES 40 Minute Briefing European and domestic reform: The day after
More informationLEI requirements under MiFID II
LEI requirements under MiFID II Table of contents 1. Scope & deadlines 2. LEI requirements 3. Reporting scenarios Scope & deadlines Regime Entities concerned Application Market Abuse (secondary market
More informationComparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation September 26, 2013 Anna Pinedo James Schwartz
2013 Morrison & Foerster (UK) LLP All Rights Reserved mofo.com Comparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation September 26, 2013 Anna Pinedo James Schwartz
More informationComparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation
2013 Morrison & Foerster (UK) LLP All Rights Reserved mofo.com Comparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation Overview Comparison of Dodd Frank Act Title VII
More informationTHE IMPACT OF EMIR IS YOUR ORGANISATION READY?
THE IMPACT OF EMIR IS YOUR ORGANISATION READY? November 2013 Introduction to EMIR EMIR is part of the G20 commitments to prevent future financial crises Both the European Union and the United States have
More informationAugust Proposal for EMIR Reform targeted changes with important consequences for AIFs, AIFMs and UCITS Management Companies
August 2017 Proposal for EMIR Reform targeted changes with important consequences for AIFs, AIFMs and UCITS Management Companies Background to EMIR Reform On 4 May 2017, the European Commission (the Commission
More informationISDA-FIA response to ESMA s Clearing Obligation Consultation paper no. 6, concerning intragroup transactions
ISDA-FIA response to ESMA s Clearing Obligation Consultation paper no. 6, concerning intragroup transactions 1. The International Swaps and Derivatives Association ( ISDA ) and the Futures Industry Association
More informationBär & Karrer Briefing March 2016
Bär & Karrer Briefing March 2016 Derivative Trading under the FMIA Impact on Cross-border Transactions On 1 January 2016, the Federal Act on Financial Market Infrastructures of 19 June 2015 ("FMIA") and
More informationComparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation
Comparison of the Dodd Frank Act Title VII and the European Market Infrastructure Regulation May 21, 2014 Peter Green Jeremy Jennings-Mares James Schwartz 2014 Morrison & Foerster (UK) LLP All Rights Reserved
More informationThe EU regulation on reporting and transparency of securities financing transactions another piece in the jigsaw of shadow banking regulation
of shadow banking regulation 1 Briefing note February 2014 The EU regulation on reporting and transparency of securities financing transactions another piece in the jigsaw of shadow banking regulation
More information18 June 2013 Conference Centre Albert Borshette, Brussels. DG Agri Expert Group. Catherine Sutcliffe, Senior Officer Secondary Markets
DG Agri Expert Group Catherine Sutcliffe, Senior Officer Secondary Markets Agenda Overview of ESMA EU policy making process EMIR MiFID II MAD/MAR 2 New EU Financial Supervision Framework Lessons from the
More informationCountdown to MiFID II: Final rules for trading venues, participants and investment firms
Countdown to MiFID II: Final rules for trading venues, participants and investment firms On 31 March 2017, the Financial Conduct Authority (FCA) published its first policy statement (PS 17/5) on the implementation
More informationISDA 2013 EMIR NFC Representation Protocol: Factors to consider in deciding whether to adhere
2nd April 2013 Practice Group(s): Finance Investment Management ISDA 2013 EMIR NFC Representation Protocol: Factors to consider in deciding whether to adhere By Stephen Moller On 8 March 2013, The International
More informationEMIR and DODD-FRANK FAQs. January 2017
This FAQs document relates to: EMIR and DODD-FRANK FAQs January 2017 the European Market Infrastructure Regulation or EMIR, Regulation (EU) No 648/2012 of the European Parliament and of the Council of
More informationEFET Approach Regarding Unresolved EMIR Implementation Issues 2 May 2013
Amstelveenseweg 998 1081 JS Amsterdam Phone: + 31 20 520 7970 Fax: + 31 346 283 258 Email: secretariat@efet.org Website: www.efet.org EFET Approach Regarding Unresolved EMIR Implementation Issues 2 May
More informationEMIR Update - ESMA Publishes Finalised Technical Standards
October 2012 EMIR Update - ESMA Publishes Finalised Technical Standards Introduction The European Securities and Markets Authority ( ESMA ) published on 27 September its technical standards and final report
More informationSwiss Financial Market Infrastructure Act Frequently Asked Questions How we can help you achieve your reporting obligations
Swiss Financial Market Infrastructure Act Frequently Asked Questions How we can help you achieve your reporting obligations REGIS-TR 42 Avenue JF Kennedy, L-1855 Luxembourg Société Anonyme R.C.S. Luxembourg
More informationMandatory Clearing in Singapore Noteworthy next step
July 2015 Mandatory Clearing in Singapore Noteworthy next step Introduction On 1 July 2015, the Monetary Authority of Singapore ( MAS ) issued a consultation paper entitled Draft Regulations for Mandatory
More informationEMIR Classification Outreach Letter
EMIR Classification Outreach Letter The Asset Management Group of the Securities Industry and Financial Markets Association ( SIFMA AMG or AMG )* has prepared the following client classification outreach
More informationAnnex A Application of the standstill direction to amendments made in Statutory Instruments and Exit Instruments amending technical standards
Annex A Application of the standstill direction to amendments made in Statutory Instruments and Exit Instruments amending technical standards In this Annex, terms in bold take the meaning as stipulated
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 20 March 2013 ESMA/2013/324 Date: 20 March 2013 ESMA/2013/324
More informationMiFID II/ MIFIR and Asset Management In a nutshell
MiFID II/ MIFIR and Asset Management In a nutshell MiFID II/ MIFIR and Asset Management With less than 6 months until MiFID II/MiFIR transitions from an implementation project to the way of life, understanding
More informationDecoding Brexit for the financial services
Decoding Brexit for the financial services March 2017 1. Passporting: a quick recap Many global financial services firms have their European headquarters in the UK. Their current European business model,
More informationESMA Publishes Draft Regulatory Technical Standards on Cross-border Application of EMIR
Latham & Watkins Derivatives Practice Number 1568 July 25, 2013 ESMA Publishes Draft Regulatory Technical Standards on Cross-border Application of Parties engaged in derivative contracts should review
More information14 February 2014 Conference Centre Albert Borshette, Brussels. DG Agri Expert Group. Catherine Sutcliffe, Senior Officer Secondary Markets
DG Agri Expert Group Catherine Sutcliffe, Senior Officer Secondary Markets Agenda EMIR MiFID II MAD/MAR Overview 2 EMIR - overview EMIR sets the following overarching obligations: all derivative contracts
More informationFinal report Technical advice on third country regulatory equivalence under EMIR Hong Kong
Final report Technical advice on third country regulatory equivalence under EMIR Hong Kong 1 September 2013 ESMA/2013/1160 Date:1 September 2013 ESMA/2013/BS/1160 Table of Contents Table of contents 2
More informationContents. 1. Introduction to this report Executive summary Legal framework for the UK financial services sector...
Contents 1. Introduction to this report... 1 2. Executive summary... 4 3. Legal framework for the UK financial services sector... 5 4. Analysis of the Brexit scenarios... 21 5. Business line analysis...
More informationDelegate Pack 14 May Documents
European Market Infrastructure Regulation ( EMIR ) Current Status and Future Developments Delegate Pack 14 May 2015 Documents 1. EMIR: Presentation 2. EMIR: An Overview 3. EMIR: The Proposed European Regulation
More informationNear Final Hong Kong Rules on Margin and Risk Mitigation Standards for Non-Centrally Cleared OTC Derivatives
December 2016 Near Final Hong Kong Rules on Margin and Risk Mitigation Standards for Non-Centrally Cleared OTC Derivatives Contents Introduction On 6 December 2016, the Hong Kong Monetary Authority (the
More informationIn particular, we wish to highlight the following points, which we elaborate on in the body of our response:
ISDA response to FCA s second consultation on Brexit: Proposed changes to the Handbook and Binding Technical Standards CP18/36 The International Swaps and Derivatives Association ( ISDA ) welcome the opportunity
More informationNovember 9, 2018 DERIVATIVES SUBJECT TO MARGIN RULES (INITIAL AND VARIATION MARGIN)
DERIVATIVES SUBJECT TO MARGIN RULES (INITIAL AND VARIATION MARGIN) DISCLAIMER: These charts provide summary information and are intended as an information resource only; they do not contain legal advice
More informationMiFID II pre and post trade transparency. Damian Carolan and Sidika Ulker 12 October 2017
MiFID II pre and post trade transparency Damian Carolan and Sidika Ulker 12 October 2017 Allen & Overy 2017 Agenda 1 Overview of the MiFID II transparency regime 2 Extraterritorial considerations in respect
More informationSCOPE OF SECTION C(10) CONTRACTS WHICH ARE "COMMODITY DERIVATIVES" FOR THE PURPOSES OF MIFID II
22 February 2017 SCOPE OF SECTION C(10) CONTRACTS WHICH ARE "COMMODITY DERIVATIVES" FOR THE PURPOSES OF MIFID II We write further to our letter of 22 September 2016 1 and the meeting between ESMA and our
More informationEU margin requirements for non-cleared derivatives: What do hedge fund managers need to know? Adam Jacobs-Dean Lucian Firth Allan Yip
EU margin requirements for non-cleared derivatives: What do hedge fund managers need to know? Adam Jacobs-Dean Lucian Firth Allan Yip 20 September 2016 Adam Jacobs-Dean Global Head of Markets Regulation
More informationWhat will this mean for derivatives transactions?
Brexit What will this mean for derivatives transactions? Impact of the referendum Following the result of the vote in the UK referendum on 23 June 2016, there is some uncertainty about how the UK s exit
More informationFinancial Regulatory Alert
Financial Regulatory Alert August 10, 2017 UK Implementation of MiFID II (for and Other Managers) The release by the UK Financial Conduct Authority (FCA) on 3 July 2017 of its final rules on the implementation
More informationFinal report Technical advice on third country regulatory equivalence under EMIR South Korea
Final report Technical advice on third country regulatory equivalence under EMIR South Korea 01 October 2013 ESMA/2013/1371 Date: 01 October 2013 ESMA/2013/1371 Table of Contents Table of contents 2 Section
More informationGTR. The Reporting Solution for Securities Financing Transactions
GTR The Reporting Solution for Securities Financing Transactions THE GTR SOLUTION With Europe s Securities Financing Transactions Regulation (SFTR) due to take effect in 2019, DTCC s Global Trade Repository
More informationAre you ready for EMIR? October 2013
Are you ready for EMIR? October 2013 EMIR Readiness Evaluation 2 Contents EMIR Timelines Mandatory Clearing Choosing a Clearing Broker Selecting a CCP Trade reporting EMIR Timelines 3 15 March 2013 BUSINESS
More informationFinal text of European Market Infrastructure Regulation released.
March 2012 Final text of European Market Infrastructure Regulation released. Final text of European Market Infrastructure Regulation released On 29 March 2012, the European Parliament (the Parliament )
More informationRTS 28: Draft regulatory technical standards on criteria for establishing when an activity is to be considered to be ancillary to the main business
CHAPTER 7: COMMODITY DERIVATIVES RTS 28: Draft regulatory technical standards on criteria for establishing when an activity is to be considered to be ancillary to the main business COMMISSION DELEGATED
More informationMiFID2. Commodities. Jonathan Melrose Rosali Pretorius. October 2017
MiFID2 Commodities Jonathan Melrose Rosali Pretorius October 2017 Introduction Overview of change in commodities rules Rules that apply across the board Market infrastructure and reporting Investor protection
More informationBREXIT AND ALTERNATIVE ASSET MANAGERS
BREXIT AND ALTERNATIVE ASSET MANAGERS MANAGING THE IMPACT IN THE EEA July 2018 Sponsored by CONTENTS CONTENTS 1 EXECUTIVE SUMMARY 4 2 MANAGING THE IMPACT OF BREXIT 6 2.1 AIFMD 6 2.2 UCITS 8 2.3 MiFID2/MiFIR
More informationQuality of Execution Annual Report
Quality of Execution Annual Report Firm: Cheyne Capital Management (UK) LLP ( Cheyne Capital or the Firm ) Calendar Year Disclosure Period: 1 st January 2017 to 31 st December 2017 Report Date: 30 th April
More informationMIFID2 FOR ASIAN FINANCIAL INSTITUTIONS POSITION LIMITS: HARMONISATION, MONITORING AND REPORTING DECEMBER 2017
MIFID2 FOR ASIAN FINANCIAL INSTITUTIONS POSITION LIMITS: HARMONISATION, MONITORING AND REPORTING DECEMBER 2017 IS MIFID2 RELEVANT TO ME? Trading on EU trading venues Using an EU affiliate to book trades
More informationEBF POSITION ON THE EMIR REFIT PROPOSAL
03 November 2017 EBF_028570 EBF POSITION ON THE EMIR REFIT PROPOSAL General Remarks The EBF welcomes the proposal to revise the EMIR Regulation, and to reduce the burden on smaller financial counterparties.
More informationHong Kong regulators publish proposed rules for mandatory clearing and expanded mandatory reporting
October 2015 Hong Kong regulators publish proposed rules for mandatory clearing and expanded mandatory reporting On 30 September, the HKMA and SFC published their proposed next steps in the regulation
More informationREGIS-TR Securities Financing Transaction Regulation SFTR
REGIS-TR REGIS-TR Securities Financing Transaction Regulation SFTR SFTR - Timeline Trade repository reporting is estimated to begin early 2018 with a phased-in approach depending on the counterparty classification
More informationVariation/initial margin and clearing
Variation/initial margin and clearing Lessons learned and looking ahead to the new derivatives market Jonathan Quie Jason Valoti Simon McKnight 15 March 2017 Variation/initial margin and clearing Considerations
More informationV. Annex 2: LEBA Traded Volume Monthly Reports
I. Summary points of LEBA position II. III. IV. LEBA and the Energy markets Questions Annex 1: About LEBA V. Annex 2: LEBA Traded Volume Monthly Reports London Energy Brokers Association St Clements House
More informationEMIR impacts and collateral best practices
EMIR impacts and collateral best practices Lugano, 25 th November 2013 Name Surname Job title Agenda Changing regulatory landscape Collateral challenges The buy-side s collateral equation Conclusion 2
More informationLink n Learn. EMIR SFT Regulations. Leading Business Advisors
Link n Learn EMIR SFT Regulations Leading Business Advisors Contacts Niamh Geraghty Partner Financial Services Deloitte Ireland E: ngeraghty@deloitte.ie T: +353 417 2649 Natalie Berkecz Senior Manager
More informationBrexit and Financial Services: The Final Countdown
Brexit and Financial Services: The Final Countdown Grania Baird and Kya Fear 05 November 2018 With less than five months before the UK leaves the EU there is no final consensus on a withdrawal agreement,
More informationSummary of key EU and US regulatory developments relating to derivatives
Summary of key EU and US regulatory developments relating to derivatives SEPTEMBER Summary of key EU and US regulatory developments relating to derivatives September 2015 1 Our Global Derivatives and Structured
More informationa central counterparty, the registration and supervision of trade repositories and the requirements for trade repositories
C 385/10 EN Official Journal of the European Union 15.11.2017 OPINION OF THE EUROPEAN CENTRAL BANK of 11 October 2017 on a proposal for a regulation of the European Parliament and of the Council amending
More informationMiFID2 Extraterritorial Impact on FIs and AMIFs. Charlotte Stalin Jason Valoti
MiFID2 Extraterritorial Impact on FIs and AMIFs Charlotte Stalin Jason Valoti 15 March 2017 TIMING: EU LEGISLATIVE PROCESS LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 The European Parliament and European Council prepare
More information