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Derivatives European Union Financial Institutions

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

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

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

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

Corrigendum to EMIR 3 clarified counterparty risk rules for MMFs

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A corrigendum to Regulation (EU) 2024/2987, known as EMIR 3, was published in the Official Journal of the European Union. One of the changes EMIR 3 made was to amend the Money Market Funds Regulation (MMF Regulation) by...more

A&O Shearman

EMIR 3: ESMA proposes clearing thresholds

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The European Securities and Markets Authority (ESMA) has published a consultation paper setting out draft regulatory technical standards (RTS) amending the RTS on the clearing thresholds (CTs) under the European Markets...more

A&O Shearman

EBA publishes discussion paper on EMIR fees for pro forma margin model validation

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The European Banking Authority (EBA) has published a discussion paper on fees to validate pro forma models under the revised European Market Infrastructure Regulation (known as EMIR 3). EMIR 3 requires that counterparties...more

A&O Shearman

European Central Bank publishes FAQs on initial margin models under EMIR 3

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The European Central Bank(ECB) has published FAQs on initial margin (IM) model approvals under EMIR 3. EMIR 3 requires, for the first time in the EU, counterparties to apply for authorisation before using, or adopting a...more

A&O Shearman

Commission Implementing Decision extends temporary equivalence of UK CCPs

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Commission Implementing Decision (EU) 2025/215 has been published in the Official Journal of the European Union, extending EU equivalence for U.K. CCPs under the European Market Infrastructure Regulation (EMIR)...more

A&O Shearman

International bodies report on effective practices for streamlining variation margin in centrally cleared markets

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The Committee on Payments and Market Infrastructures and the International Organization of Securities Commissions published a final report on examples of effective practices for streamlining variation margin in centrally...more

A&O Shearman

International bodies issue final report on transparency and responsiveness of initial margin in centrally cleared markets

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The Basel Committee on Banking Standards, Committee on Payments and Market Infrastructures and the International Organization of Securities Commissions has published a final report on transparency and responsiveness of...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

McDermott Will & Emery

EMIR 3: Active Account, Clearing Threshold and Exemptions

McDermott Will & Emery on

On December 4, 2024, EU Regulation 2024/2987 (EMIR 3), amending EU Regulation 648/2012 on the European Market Infrastructure (EMIR), was published in the EU Official Journal. EMIR 3 will enter into force on December 24, 2024,...more

A&O Shearman

CRT Transactions in the EU, U.K. and the United States

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In this bulletin, we consider the current state of the EU, U.K. and U.S. markets for credit risk transfer (“CRT”) transactions, with a particular focus on the fund finance market. For a more in-depth introduction to this...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

EU Eases EMIR 3 Clearing Mandate

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The Council of the European Union and European Parliament have reached provisional political agreement on the latest revisions to the European Market Infrastructure Regulation, publishing on February 14, 2024, the agreed text...more

Akin Gump Strauss Hauer & Feld LLP

EMIR - Proposed Changes to EU Derivatives Rules

European Union (EU) proposals for changes to the over-the-counter (OTC) derivatives trading rules are underway. The final rules are not yet agreed, but we set out a summary of the proposals below....more

McDermott Will & Emery

Überarbeitung der AIFM- und UCITS-Richtlinie: Aktueller Stand und Ausblick

EU-Kommission, Parlament und Rat treten in die entscheidende Phase ihrer Beratungen über eine Neufassung der AIFM- und der UCITS-Richtlinie ein. Änderungen sind insbesondere bei den Themen Auslagerung, Darlehensfonds und...more

A&O Shearman

LIBOR Transition: Further Proposed Changes to EU Clearing and Derivatives Trading Obligations

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The European Securities and Markets Authority has opened a consultation on proposals to amend the EU clearing and trading derivative obligations to reflect recent benchmark transitions from LIBOR to so-called risk-free rates....more

A&O Shearman

EU Grants Further Time-Limited Equivalence for UK CCPs

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An EU Commission Implementing Decision extending the equivalence of U.K. CCPs to June 2025 has been published in the Official Journal of the European Union. The equivalence decision applies to U.K. CCPs already established...more

A&O Shearman

EMIR 2.2 Secondary Legislation Published

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Three Commission Delegated Regulations have been published in the Official Journal of the European Union, supplementing the revised European Market Infrastructure Regulation. The Delegated Regulations contain provisions...more

A&O Shearman

International Securities and Derivatives Association Publishes FAQs on IBOR Fallback Rate Adjustments

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The International Securities and Derivatives Association has published a set of Frequently Asked Questions on Interbank Offered Rate Fallback Rate adjustments. The FAQs are part of ISDA's preparations for the sweeping changes...more

A&O Shearman

European Banking Authority Launches Consultation on Synthetic Securitizations Framework

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The European Banking Authority has launched a consultation on its proposed simple, transparent and standardized framework for synthetic securitization. The paper also seeks feedback from stakeholders on a proposed list of...more

A&O Shearman

European Commission Issues Communication on Final Preparations for No-Deal Brexit

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The European Commission has published a Communication on finalizing preparations for the withdrawal of the U.K. from the EU on November 1, 2019. The Commission stresses the likelihood of a no-deal Brexit on October 31, 2019...more

A&O Shearman

UK Regulator Delays Final Product Intervention Measures on Contracts for Difference

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The Financial Conduct Authority has published a statement on the delay to publication of final rules for contracts for difference products and CfD-like options. The FCA has consulted on its proposals to make European...more

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