18 June 2020 will mark one year since the EMIR Refit Regulation (the “EMIR Refit”) came into force.
On the same date, the reporting responsibility changes introduced by the EMIR Refit will take effect....more
6/2/2020
/ AIFM ,
AIFs ,
Derivatives ,
EMIR ,
EU ,
Financial Counterparties (FC) ,
Non-Financial Counterparties (NFC) ,
Regulatory Requirements ,
Reporting Requirements ,
SFTR ,
UCITS
A recent exchange of letters between the European Commission and ESMA and AIMA has confirmed that non-EU AIFs (irrespective of manager location) will not be subject to the SFTR reporting obligation, bringing welcome clarity...more
2/25/2020
/ AIFM ,
AIFs ,
Buy-Side Trading ,
Derivatives ,
EMIR ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
International Capital Markets Association (ICMA) ,
Non-EU Funds ,
Reporting Requirements ,
Securities Financing Transactions (SFTs) ,
SFTR ,
UCITS
Earlier this month, the ESAs published a final report on proposed updates to the existing EMIR margin rules (the “Margin RTS Updates”).
Although not yet final, the absence of a public consultation and fast approaching...more
12/24/2019
/ Amended Rules ,
Derivatives ,
EMIR ,
EU ,
European Commission ,
European Parliament ,
European Supervisory Authorities (ESAs) ,
FX Forwards ,
FX Swaps ,
Margin Requirements ,
SFTR ,
Stock Options ,
Swaps ,
Variation Margin Requirements (VM)
On Tuesday 28 May 2019, the EMIR Refit Regulation (the "EMIR Refit") was published in the Official Journal. Relevant entities now have only 19 days to prepare for some of the key changes, ahead of the go live date of Monday...more
5/30/2019
/ AIFM ,
AIFs ,
Amended Rules ,
Asset Management ,
Compliance ,
Derivatives ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Counterparties (FC) ,
Investment Funds ,
Mandatory Clearing Requirements ,
Margin Requirements ,
Non-Financial Counterparties (NFC) ,
Over The Counter Derivatives (OTC) ,
Reporting Requirements ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit
Six months have now passed since publication of the Dechert OnPoint, LIBOR – Where Are We Now?, and in that period progress on benchmark reform and the development of alternative risk-free-rates (RFRs) has gathered pace. At a...more
10/23/2018
/ Banking Sector ,
Benchmarks ,
Commodities ,
Derivatives ,
EU ,
EURIBOR ,
European Benchmark Regulation (BMR) ,
European Central Bank ,
Financial Conduct Authority (FCA) ,
FSB ,
Inter-Bank Offered Rates (IBORs) ,
Interest Rates ,
ISDA ,
Japan ,
Libor ,
Loan Market Association ,
Prudential Regulation Authority (PRA) ,
Risk Free Rates (RFRs) ,
Secured Overnight Funding Rate (SOFR) ,
Switzerland ,
UK
The International Swaps and Derivatives Association ("ISDA") has published two new ISDA Master Agreements in a Brexit prompted update for the European OTC Derivatives market.
What has happened?
On 28 June 2018, new...more
A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details of the FCA’s statement on the implementation period for Brexit; the requirement for firms...more
4/20/2018
/ Asset Management ,
BEPS ,
Corporate Taxes ,
Cross-Border ,
Cryptocurrency ,
Customer-Loyalty Programs ,
Cybersecurity ,
Derivatives ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
MiFID II ,
MiFIR ,
UK ,
UK Brexit
The ESAs published their co-authored draft Regulatory Technical Standards (RTS) on the 19 December 2017, amending the framework of the European Market Infrastructure Regulation (EMIR) in relation to physically settled foreign...more
A compact summary of the most recent regulatory and tax developments relevant to the UK asset management industry. This issue includes details on ESMA’s updated Q&As on the key information document requirements for PRIIPs;...more
11/29/2017
/ Autumn Statement ,
Commercial Real Estate Market ,
Corporate Taxes ,
Derivatives ,
EMIR ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
European Securities and Markets Authority (ESMA) ,
Hedge Funds ,
HMRC ,
IOSCO ,
Key Information Document (KIDs) ,
Legal Entity Identifiers ,
MiFID II ,
Money Market Funds ,
Non-Resident Income Taxes ,
Over The Counter Derivatives (OTC) ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Real Estate Investments ,
Tax Reform ,
UK
A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on US-EU equivalence of certain OTC derivative rules; the FCA asset management...more
10/18/2017
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Benchmarks ,
Derivatives ,
ETFs ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Legal Entity Identifiers ,
MiFID II ,
MiFIR ,
Over The Counter Derivatives (OTC) ,
UCITS ,
UK
A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on ESMA's updated Q&As on the Benchmark Regulation and European Commission delegated...more
10/7/2017
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Benchmarks ,
Capital Markets Union ,
Commodities ,
Derivatives ,
ELTIF ,
EMIR ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
MiFID II ,
MiFIR ,
Regulatory Agenda ,
Social Entrepreneurship ,
UCITS ,
UK ,
UK Criminal Finances Act 2017 ,
Venture Capital
A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on MiFID II: Client classification of local authorities, FCA paper on dark trading, the...more
8/23/2017
/ Asset Management ,
Classification ,
Commodities ,
Dark Pool ,
Derivatives ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
MiFID II ,
MiFIR ,
Regulatory Agenda ,
UK
The Council of the European Union on 13 May 2014 formally endorsed a new regulatory regime that will replace the current Markets in Financial Instruments Directive (MiFID), which has been in force since 2007. The new...more
7/6/2016
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Commodities ,
Cross-Border Transactions ,
Derivatives ,
Equity Markets ,
ETFs ,
EU ,
European Securities and Markets Authority (ESMA) ,
Investor Protection ,
MiFID ,
MiFID II ,
MiFIR ,
Over The Counter Derivatives (OTC) ,
Pooled Investment Vehicles ,
Reporting Requirements ,
Retail Investors ,
UCITS
Commission Delegated Regulation (EU) 2015/2205 (the “Regulation”) supplementing the European Markets Infrastructure Regulation (“EMIR”) was published on 1 December in the Official Journal of the European Union....more
European investment managers of non-UCITs funds will have to be authorised as an alternative investment fund manager (known as an “AIFM” under AIFMD) under the Alternative Investment Fund Managers Directive (“AIFMD”) from 22...more
7/12/2014
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
CCPs ,
CTFC ,
Derivatives ,
Dispute Resolution ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Fund Managers ,
FX Forwards ,
Investment Portfolios ,
ISDA ,
Legal Entity Identifiers ,
Nasdaq ,
Over The Counter Derivatives (OTC) ,
Risk Mitigation ,
Swaps ,
Trade Repositories
A fine of over £18 million was recently imposed by the UK regulatory body, the Financial Conduct Authority (the “FCA”), on a fund manager for a range of compliance breaches, including failing to ensure that its KIIDs were...more
6/7/2014
/ Asset Management ,
Compliance ,
Derivatives ,
EU ,
Financial Conduct Authority (FCA) ,
Fines ,
Investment Funds ,
Investors ,
Popular ,
UCITS ,
UK
The phased-in implementation of the European Market Infrastructure Regulation1 (EMIR), the European Union’s wide-ranging reform of its derivative markets, is due to continue throughout 2014. Risk mitigation rules were...more
There has been another very significant twist in the somewhat chaotic implementation of the European Market Infrastructure Regulation (EMIR) as the European Securities and Markets Authority (ESMA) has today requested the...more
The European Commission’s regulation on clearing of OTC derivatives (EMIR) requires counterparties to OTC derivative contracts that are not cleared by a central counterparty to mitigate their trading risks by using a number...more