News & Analysis as of

Derivatives Over The Counter Derivatives (OTC)

Blake, Cassels & Graydon LLP

Publication par les ACVM des modifications finales aux règles de déclaration des opérations sur dérivés de gré à gré

Le 25 juillet 2024, les Autorités canadiennes en valeurs mobilières (les « ACVM ») ont publié les modifications finales (les « modifications ») aux règles de déclaration des opérations sur dérivés de gré à gré applicables...more

Blake, Cassels & Graydon LLP

Final Amendments to Canada’s OTC Derivatives Trade Reporting Rules Released

On July 25, 2024, the Canadian Securities Administrators (CSA) published final amendments (Amendments) to the over-the-counter (OTC) derivatives trade reporting rules applicable in each province and territory (including OSC...more

A&O Shearman

European Commission Consults on Draft Delegated Regulation for OTC Derivatives Identifying Reference Data

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The European Commission has published consultation for a draft Delegated Regulation supplementing the Markets in Financial Instruments Regulation as regards OTC derivatives identifying reference data to be used for the...more

White & Case LLP

Publication of Joint Discussion Document on Expansion of Eligible Collateral Types and Risk Mitigation Published for Comment

White & Case LLP on

In 2015, a policy framework on the margin requirements for non-centrally cleared over-the-counter derivatives (OTC Derivatives) transactions was published by the Basel Committee on Banking Supervision and the International...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

EMIR 3 and Clearing in the EU

A&O Shearman on

Of the many aims of the EU’s latest revisions to the European Market Infrastructure Regulation (EMIR), the most controversial and intensely debated is mandating clearing at EU CCPs. Since Brexit, the EU has been concerned...more

Stikeman Elliott LLP

Coming in 2024: Canadian Business Conduct Regime for OTC Derivatives Dealers and Advisers

Stikeman Elliott LLP on

The securities regulatory authorities in all Canadian jurisdictions other than British Columbia recently published in final form Multilateral Instrument 93-101 Derivatives: Business Conduct (“MI 93-101”) and its companion...more

Wilson Sonsini Goodrich & Rosati

CFTC Proposes Guidance Regarding the Listing of Voluntary Carbon Credit Derivatives, and Requests Comment from the Public

On December 4, 2023, the Commodity Futures Trading Commission (CFTC) issued proposed guidance relevant to “designated contract markets” (DCMs) and “swap execution facilities” (SEFs) as they develop standardized derivative...more

Blake, Cassels & Graydon LLP

Les ACVM publient un règlement sur la conduite commerciale en dérivés

Contexte ​- Après un processus de consultation qui aura duré 10 ans, les Autorités canadiennes en valeurs mobilières (les « ACVM ») ont publié le Règlement 93-101 sur la conduite commerciale en dérivés (le « Règlement »),...more

Blake, Cassels & Graydon LLP

Derivatives Business Conduct Rule Issued by the Canadian Securities Administrators

Background - After a 10-year long consultation process, the Canadian Securities Administrators (CSA) have published Multilateral Instrument 93-101 – Derivatives: Business Conduct (Rule), a core regulation governing dealing...more

Bennett Jones LLP

Canadian Securities Administrators Adopt Multilateral Instrument 93-101: Derivatives—Business Conduct

Bennett Jones LLP on

The Canadian Securities Administrators (CSA) announced that the regulatory authorities of each jurisdiction in Canada, except for British Columbia, have adopted Multilateral Instrument 93-101, entitled Derivatives—Business...more

Stikeman Elliott LLP

Changes to Ontario’s Fee Rules To Take Effect in April

Stikeman Elliott LLP on

Certain market participants in Ontario’s over-the-counter (OTC) derivatives market will be required to pay an Ontario Securities Commission (OSC) annual participation fee. Reduced fees for most existing fee payers will also...more

A&O Shearman

Clearing in the EU after EU EMIR 3

A&O Shearman on

The European Commission published proposals to amend the EU’s European Market Infrastructure Regulation (EMIR) in December 2022 (EMIR 3). According to the Commission, some of these measures are aimed at improving the...more

Cadwalader, Wickersham & Taft LLP

CFTC and SEC Issue Guidance on Security-Based Swaps and Fraud in OTC Swap Disclosures

On October 21, Commodity Futures Trading Commission (“CFTC”) Commissioner Caroline D. Pham issued a concurring statement to the CFTC’s amended complaint originally filed on April 27, 2022 in the U.S. District Court for the...more

Blake, Cassels & Graydon LLP

Canadian Securities Administrators Propose Amendments to OTC Derivatives Trade Reporting Rules

The Canadian Securities Administrators (CSA) have published proposed amendments (Proposed Amendments) to the Provincial Trade Reporting Rules (defined below). The Proposed Amendments are meant to streamline Canada’s...more

Stikeman Elliott LLP

CSA Seek Comments on Enhanced OTC Derivatives Data Reporting Amendments

Stikeman Elliott LLP on

Proposed amendments are intended to reduce regulatory burden by aligning over-the-counter (OTC) derivatives data reporting requirements with international standards developed by the Committee on Payments and Market...more

A&O Shearman

HM Treasury Confirms Policy Approach on Wholesale Markets Review

A&O Shearman on

HM Treasury has published its consultation response to the Wholesale Markets Review, setting out summaries of responses received to its proposals and how changes will be progressed. There are certain areas that HM Treasury...more

Morgan Lewis

UK Commodity Derivatives Regime: FCA Not Enforcing Position Limits as HM Treasury Consults on Changes

Morgan Lewis on

The UK Financial Conduct Authority (FCA) announced on July 9 that, while changes to the scope of the UK commodity position limits regime are being consulted on, it will not take enforcement action against firms that breach...more

Hogan Lovells

HMT confirms no more open access for exchange-traded derivatives

Hogan Lovells on

On 5 May 2020, the HM Treasury confirmed that it plans to remove the open access regime for exchange-traded derivatives (ETDs), which is currently within the UK version of the Markets in Financial Instruments Regulation (UK...more

White & Case LLP

THE DELTA REPORT - Derivatives Newsletter - October 2020: Contemporary Saudi Arabian OTC derivatives legislation

White & Case LLP on

The Saudi Arabian Monetary Authority ("SAMA") issued the SAMA Rules on Trade Repository Reporting & Risk Mitigation Requirements for Over-the-Counter ("OTC") Derivatives Contracts (the "Rules") in November 2019, replacing the...more

A&O Shearman

European Commission Decision Temporarily Establishes UK CCP Equivalence

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The European Commission has published a Decision temporarily determining that U.K. central counterparties will be deemed equivalent to EU standards under the European Market Infrastructure Regulation. The Decision will apply...more

Hogan Lovells

Checklist of key legal issues for derivatives counterparties amid the COVID-19 pandemic

Hogan Lovells on

The current COVID-19 pandemic has already impacted many derivatives transactions. This note sets out a checklist of key legal issues market participants may need to consider in relation to OTC derivatives contracts....more

Akin Gump Strauss Hauer & Feld LLP

Changes to EMIR Reporting Responsibilities from 18 June 2020 – Key Considerations

Derivatives reporting responsibilities under the European Market Infrastructure Regulation (EMIR) will change from 18 June 20201, as (i) alternative investment fund managers (AIFMs) will become responsible for reporting for...more

Latham & Watkins LLP

Hong Kong SFC Refines OTC Derivatives Licensing Regime

Latham & Watkins LLP on

The SFC’s consultation conclusions carve out non-financial groups and multilateral portfolio compression services. On 12 June 2020, the Securities and Futures Commission (SFC) published its conclusions (Consultation...more

Latham & Watkins LLP

Reporting of OTC Derivatives Between FC and NFC- Entities After 18 June 2020

Latham & Watkins LLP on

EMIR REFIT Mandatory Reporting provisions require market participants to consider their existing Delegated Reporting arrangements. Key Points: ..From 18 June 2020, financial counterparties (FCs) will be liable for the...more

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