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EMIR timeline moved by 5 months | Earliest Start for Clearing now May 2014

On the ESMA website a new timeline popped into view a few days ago (Source: http://www.esma.europa.eu/page/European-Market-Infrastructure-Regulation-EMIR), which I have added to the log of these timelines on my Official EMIR Timeline page. There’s two interlocking dates on their timeline, the earliest date on which a CCP can achieve authorisation (moved from April to September) and the […]

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Confirmation timeliness challenges | DerivSource

A great piece by Nick Fry on DerivSource regrading the changes that Industry will go through in its efforts to comply with regulation requirements. Using figures from the recent ISDA Operations Benchmarking Survey (OBS) in May 2012, he makes his point that  the market will have to change dramatically in order to comply. Both Buy-Side and […]

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EMIR developments | Round up

RTS defining contracts with ‘direct, substantial and foreseeable effect’ A letter was sent from the European Commission to ESMA requesting the delivery of draft Recommended Technical Standards (RTS) defining contracts which, although transacted between 3rd country counterparties  seemingly outside the scope of EMIR regulation, could be deemed to have ‘direct, substantial and foreseeable effect’ in the […]

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SEC advise EC and ESMA to consult on EMIR equivalency

“European authorities should consult on their approach to determining whether foreign derivatives regimes are equivalent to the European Market Infrastructure Regulation (EMIR) because these decisions have the power to break up the over-the-counter derivatives clearing system“.  This is Eric Pan speaking, associate director in the office of international affairs at the US Securities and Exchange Commission […]

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Allen & Overy on EMIR

Allen & Overy published a short summary of EMIR key points and make some noteworthy comments. “Structured finance vehicles” part caught my eye in particular, where it’s more than obvious that these entities will give their compliance departments lots of headaches…. Check this out here. Maria L.

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Too much choice: The problems with Europe’s plethora of segregation models – Risk.net

Speaking from experience, the number of models and the details underneath them aren’t going to get any easier, especially when the interpretation of the word by word reading of EMIR can lead to considerable ambiguity and flexibility. Tom has done a good job of illuminating the challenge of solving the legal, operational and commercial challenges […]

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EMIR and Non Financials. A “love to hate” relationship….

A really good update by Herbert Smith Freehills LLP over at Lexology about EMIR and three areas of change that will mostly affect Non Financial counterparties and the way they use derivatives. Analysis is provided on clearing obligation , along with the thresholds and the hedging exemption, risk mitigation for non cleared trades and the reporting […]

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Do clearing mandates actually work?

In an environment where bilateral and cleared trades are more appropriately risk mitigated through bilateral margin, CCP margin and guarantee funds and Basel III capital, fragmentation costs and increases in systemic risk due to regulatory clearing mandates may actually outweigh systemic risk and funding and capital benefits. Why?   Because mandatory clearing has fragmentation costs […]

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It’s all about data | Mark Davies, Head of Avox speaks

A really good piece on the importance of data and their critical role to the efforts of regulators and market participants to ensure that the financial markets are underpinned by a robust infrastructure in order to monitor and offset risk effectively. More details here at Reuters where Mark Davies, Head of Avox writes. Avox is a wholly owned […]

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