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Derivatives

A&O Shearman

UK FSMA 2000 (Markets in Financial Instruments) (Amendment) Regulations 2025 laid

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The UK FSMA 2000 (Markets in Financial Instruments) Amendment Regulations 2025 have been laid. The regulations extend the UK Financial Conduct Authority's (FCA) powers of direction to a new category of derivative, referred to...more

Katten Muchin Rosenman LLP

UK Ancillary Activities Exemption Proposals Published for Commodity Derivatives and Emission Allowances

The Financial Conduct Authority (FCA) recently published a consultation (Consultation) setting out its proposed approach to revising the ancillary activities test (AAT), which forms part of the ancillary activities exemption...more

DLA Piper

ISDA Launches 2025 Notices Hub Protocol: Key Points

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The International Swaps and Derivatives Association (ISDA) recently announced the launch of the ISDA Notices Hub and the ISDA 2025 Notices Hub Protocol....more

Cadwalader, Wickersham & Taft LLP

Global Moves, Digital Shifts, July 2025 - CFTC Relief for Event Contracts

In addition to everything relating to cryptos, event contracts are one of the hottest topics in Washington at the Commodity Futures Trading Commission (“CFTC”). Hopefully, when former CFTC commissioner Brian Quintenz is...more

Katten Muchin Rosenman LLP

FCA Launches Consultation Paper on the UK SI Framework for Bonds and Derivatives and Discussion Paper on Equity Markets

The UK Financial Conduct Authority (FCA) has recently published a consultation paper on the systematic internaliser (SI) framework for bonds and derivatives (CP25/20). CP25/20 also contains a discussion paper on the current...more

Pillsbury Winthrop Shaw Pittman LLP

CFTC Permits Listing of Perpetual Futures on BTC and ETH: A Regulatory Milestone for U.S. Crypto Derivatives

The move comes in the wake of an open request for comment on “perps” issued by the CFTC earlier this year—but no new rule or interpretive guidance has followed. Importantly, the SEC has not challenged the listing of ETH...more

Ropes & Gray LLP

Welcome Relief - CFTC Staff Extends No-Action Relief on Position Aggregation Requirements

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The Commodity Futures Trading Commission ("CFTC") Division of Market Oversight ("DMO") has issued relief (see CFTC Letter 21-21) extending the no-action positions previously granted with respect to certain position...more

A&O Shearman

EMIR 3 – the active account requirement

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The latest revisions to the European Market Infrastructure Regulation (known as EMIR 3)1 brought about numerous changes affecting cleared markets, with potential impacts both within and outside the EU. Among these is the...more

Eversheds Sutherland (US) LLP

ISDA launches ISDA Notices Hub and Protocol

On July 16, 2025, the International Swaps and Derivatives Association (ISDA) announced the launch of its new product, the ISDA Notices Hub. The Notices Hub is an online platform designed to provide market participants with a...more

A&O Shearman

FCA consults on future of SI regime for bonds and derivatives

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The UK Financial Conduct Authority (FCA) has published consultation paper CP25/20 on the systematic internaliser (SI) regime for bonds and derivatives. The consultation builds on the November 2024 final policy statement which...more

Cooley LLP

Derivative Plaintiffs Cannot Obtain Discovery to Plead Demand Futility, According to Chancery Court

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When a company experiences an adverse event, it and its directors and officers are often subject to multiple shareholder lawsuits and demands. These matters proceed on different timelines, creating scenarios in which...more

A&O Shearman

HMT publishes revised policy approach to ancillary activities exemption

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HM Treasury (HMT) has published a policy note and draft statutory instrument on the ancillary activities exemption, which is an exemption (originally introduced in the revised EU Markets in Financial Services Directive) from...more

A&O Shearman

UK FCA proposes new approach to ancillary activities test

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The UK Financial Conduct Authority (FCA) has launched a consultation on its proposed revised approach to the ancillary activities test (AAT). The AAT is the test that firms must conduct to determine whether they can use an...more

Fenwick & West LLP

SEC Division of Corporation Finance Issues Statement on Crypto Asset Exchange-Traded Products

Fenwick & West LLP on

On July 1, the SEC’s Division of Corporation Finance (Corp Fin) issued a statement regarding Crypto Asset Exchange-Traded Products (crypto asset ETPs). Crypto asset ETPs are investment products that are listed and traded...more

A&O Shearman

EBA publishes technical advice to EC on fees to validate pro forma models under EMIR

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The European Banking Authority (EBA) has published technical advice to the European Commission, alongside a press release, on a possible Delegated Act concerning fees for the validation of pro forma models under the European...more

A&O Shearman

EC adopts Delegated Regulation on RTS for identification of main risk driver of a position under CRR

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The European Commission (EC) has adopted a Delegated Regulation supplementing the Capital Requirements Regulation (CRR) with regard to regulatory technical standards (RTS) specifying methods for identifying the main risk...more

A&O Shearman

Corrigendum to EMIR 3 clarifies AML/CFT references

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A Corrigendum to Regulation (EU) 2024/2987, referred to as the revised European Market Infrastructure Regulation (EMIR 3), has been published in the Official Journal of the European Union. This Regulation amends Regulations...more

A&O Shearman

ESMA consults on draft RTS for margin transparency requirements and clearing costs

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The European Securities and Markets Authority (ESMA) has published two consultation papers (CP) proposing draft regulatory technical standards (RTS) mandated under the review of European Market Infrastructure Regulation (EMIR...more

A&O Shearman

Final draft RTS on EU active account requirement published

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Following its consultation, the European Securities and Markets Authority (ESMA) has published a final report, including final draft regulatory technical standards (RTS), on the conditions of the Active Account Requirement...more

Cadwalader, Wickersham & Taft LLP

The Fine Print, June 2025 - Are Payment Stablecoins Like Onions?

It is becoming increasingly likely that the “Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025’’ (the ‘‘GENIUS Act of 2025’’ or the “Act”) will become enacted and signed into law by the President...more

Cadwalader, Wickersham & Taft LLP

Are Payment Stablecoins Like Onions?

It is becoming increasingly likely that the “Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025’’ (the ‘‘GENIUS Act of 2025’’ or the “Act”) will become enacted and signed into law by the President...more

A&O Shearman

Industry associations urge ESMA to issue a no-action letter on EMIR 3 AAR implementation

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Four industry associations—EFAMA, EACP, ISDA, and FIA—have published a letter addressed to the European Securities and Markets Authority (ESMA) and the European Commission (EC), raising concerns about the implementation of...more

A&O Shearman

EC adopts amendments to Delegated Regulation No 876/2013 to align with EMIR 3 reforms

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The European Commission has adopted a Delegated Regulation amending Delegated Regulation (EU) No 876/2013, which supplements EMIR (Regulation (EU) No 648/2012) in relation to the functioning and management of colleges for...more

A&O Shearman

UK permanently exempts UK and EEA pension schemes from the derivatives clearing obligation

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The Pension Fund Clearing Obligation Exemption (Amendment) Regulations 2025 (SI 2025/670) have been published, alongside an explanatory memorandum. The regulations amend the UK version of Regulation 2012/648 (UK EMIR) and...more

A&O Shearman

BoE and PRA issue joint consultation on amendments to UK EMIR reporting standards

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The Bank of England and the UK Financial Conduct Authority have published a joint consultation paper proposing amendments to the UK EMIR trade repository reporting requirements, using their powers under article 9 of UK EMIR...more

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