News & Analysis as of

Central Counterparties

Morrison & Foerster LLP

Highlights of Recent CFTC Developments

The Commodity Futures Trading Commission (CFTC) recently announced several new staff letters and public statements with material consequences for legal and business professionals in the derivatives markets. In this alert, we...more

A&O Shearman

UK equivalence regulations for Swiss CCPs and margin for OTC derivatives not centrally cleared

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The OTC Derivatives Risk Mitigation and Central Counterparties (Equivalence) (Switzerland) Regulations 2025 have been laid before Parliament and published with an explanatory memorandum. The Regulations, made on 16 July,...more

A&O Shearman

BoE consults on future regulatory framework for CCPs

A&O Shearman on

The Bank of England (BoE) has published a consultation paper titled "Ensuring the resilience of CCPs" as part of a broader package of reforms aimed at strengthening the UK's regulatory framework for central counterparties...more

A&O Shearman

UK's BoE Financial Market Infrastructure Committee responds to HMT recommendations

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The Bank of England (BoE) has published a letter dated 15 July, responding to the Chancellor of the Exchequer's letter that set out the government's recommendations to the BoE's Financial Market Infrastructure Committee...more

Holland & Knight LLP

Modificación a las disposiciones relacionadas con el riesgo de crédito en Colombia

Holland & Knight LLP on

El Ministerio de Hacienda y Crédito Público de Colombia expidió el pasado 28 de mayo de 2025, el Decreto 573 del 2025, por medio del cual se modificó el tratamiento otorgado a los créditos de libranza en relación con su...more

A&O Shearman

European Securities and Markets Authority consultations on draft RTS relating to CCP authorisations, extensions and validations...

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published two consultation papers on central counterparty (CCP) authorisations, extensions and validations under the European Market Infrastructure Regulation 3 (EMIR...more

A&O Shearman

EMIR 3 Published in the Official Journal of the European Union

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The EMIR 3 Regulation and Directive have been published in the Official Journal of the European Union and will enter into force on December 24, 2024. The EMIR 3 Regulation amends the European Market Infrastructure Regulation...more

Cadwalader, Wickersham & Taft LLP

ESMA Launches Fifth Stress Test Exercise for Central Counterparties That Includes Climate-Related Risks

On May 31, 2023, the European Securities and Markets Authority (ESMA) published a final report on the framework for the 5th ESMA Stress Test Exercise for Central Counterparties (CCPs). For the first time, climate risk has...more

Hogan Lovells

UK: Financial Services and Markets Act 2023 - Landmark Financial Services and Market Bill receives Royal Assent

Hogan Lovells on

Hailed as a landmark piece of legislation and a once in a generation reform to the UK financial services sector, the new Financial Services and Markets Act 2022-2023 which received Royal Assent on 29 June 2023 aims to bolster...more

Cadwalader, Wickersham & Taft LLP

Bank of England and CFTC Announce Agreement on CCP Supervision

Post-Brexit, the Bank of England (the “Bank”) assumed responsibility for recognising and supervising incoming, non-UK central counterparties (“CCPs”), and on 14 April, the Bank and the Commodity Futures Trading Commission...more

Goodwin

SEC Proposes Rules to Improve Risk Management in Clearance and Settlement and to Facilitate Additional Central Clearing for the...

Goodwin on

Regulatory Developments - SEC Proposes Rules to Improve Risk Management in Clearance and Settlement and to Facilitate Additional Central Clearing for the U.S. Treasury Market - On September 14, the SEC proposed rule...more

Proskauer Rose LLP

Regulation Round Up - December 2021

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation. ...more

White & Case LLP

Brexit: Fresh Perspectives

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The UK has left the EU but there remains a vast array of operational and legal issues for businesses to address. See below for our perspectives on the key challenges and opportunities that Brexit presents for different...more

Hogan Lovells

Securities and markets regulatory news, June 2021 #3

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UK CCPs: BoE discussion paper on supervisory stress test framework The Bank of England (BoE) has published a discussion paper on supervisory stress testing of UK central counterparties (CCPs) and announced its first public...more

Hogan Lovells

Securities and markets regulatory news, March 2021

Hogan Lovells on

UK CCPs: HM Treasury consults on expanded resolution regime - HM Treasury is consulting on an expanded resolution regime for central counterparties (CCPs). HM Treasury intends to revise and expand the UK CCP resolution...more

Hogan Lovells

Securities and markets regulatory news, October 2020 # 4

Hogan Lovells on

BoE and CFTC MoU for supervision of cross-border clearing organisations - The Bank of England (BoE) and the US Commodity Futures Trading Commission (CFTC) have signed an updated memorandum of understanding (MoU) regarding...more

White & Case LLP

CCPs, Cleared Derivatives and Coronavirus

White & Case LLP on

The risk management frameworks, systems and margin models of Central Counterparties (CCPs) across the globe have been tested by huge swings in market volatility over recent months during the current pandemic. Their models and...more

Seyfarth Shaw LLP

Undeterred by the COVID-19 Pandemic, ARRC Publishes on April 8, 2020 a Methodology for Addressing Differences between LIBOR and...

Seyfarth Shaw LLP on

On April 8, 2020, the Alternative Reference Rate Committee (“ARRC”) agreed to align itself with the International Swaps and Derivatives Association, Inc. (“ISDA”), in recommending to the market a “spread adjustment”...more

A&O Shearman

EU Working Group on Risk-Free Rates Consults on Voluntary Compensation for Legacy Swaptions

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The EU Working Group on Risk-Free Rates has launched a consultation on a proposed recommendation for voluntary compensation for legacy swaptions impacted by the CCP discounting transition to Euro Short-Term Rate (€STR). A...more

A&O Shearman

Draft UK Legislation to Onshore EMIR 2.2 Published for Feedback

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HM Treasury has published for feedback a draft statutory instrument to implement the revised provisions for CCPs in the European Market Infrastructure Regulation (known as EMIR 2.2.) into U.K. law once the Brexit...more

A&O Shearman

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

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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

Herbert Smith Freehills Kramer

Banking, Finance and Insurance Letter — Novembre/Décembre 2019

Challenge of the guidelines of the European Banking Authority and notice of compliance by the Prudential Supervisory and Resolution Authority (ACPR) In its notice of September 8, 2017, the ACPR stated that it complies with...more

A&O Shearman

EMIR 2.2 Regulation on the Authorization and Recognition of CCPs Published

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A new Regulation amending the European Market Infrastructure Regulation has been published in the Official Journal of the European Union, introducing changes to the procedures and authorities involved in the authorization of...more

Opportune LLP

LIBOR Phase-Out: Considerations for Oil & Gas Companies

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With over $370 trillion of global financial contracts referencing LIBOR (London Inter-bank Offered Rate), many oil and gas companies are curious about how the phase-out of LIBOR by 2021 could impact their organization. Many...more

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