News & Analysis as of

Financial Markets Derivatives

Cadwalader, Wickersham & Taft LLP

UK’s FCA Updates Derivatives Reporting Q&A

The UK’s Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) have published updated Q&A covering changes to the UK European Market Infrastructure Regulation (UK EMIR) reporting requirements that go...more

Kramer Levin Naftalis & Frankel LLP

ISDA Opens Consultation on Credit Derivatives DC Review – Key Takeaways as Broader Market Considers Commentary and Action

The International Swaps and Derivatives Association, Inc. (ISDA) recently commissioned law firm Linklaters to conduct an independent assessment of the function, governance and membership of the Credit Derivatives...more

Jones Day

The CFTC Proposes Expansive Business and Governance Rules for Registered Derivatives Markets

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The Commodity Futures Trading Commission ("CFTC") recently proposed new and modified conflicts of interest, fitness, and governance regulations for swap execution facilities ("SEFs") and designated contract markets ("DCMs")....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

Stikeman Elliott LLP

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

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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

Katten Muchin Rosenman LLP

Foreign Listed Stock Index Futures and Options Approvals December 2023

Attached please find the updated Foreign Listed Stock Index Futures and Options Approvals Chart, current as of December 19, 2023. All prior versions are superseded and should be discarded. Please note the following...more

Jones Day

The CFTC Proposes "Guidance" for Derivatives Markets on Listing Voluntary Carbon Credit Derivatives

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In Short - The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers. For this reason, many have...more

Seward & Kissel LLP

Simply Speaking - October 2023: Marshall Islands Netting Act

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On September 28, 2023, the Nitijela of the Republic of the Marshall Islands (“Nitijela”) during the 44th Constitutional Regular Session, 2023, enacted the Netting Act, 2023 (the “Netting Act”), which was certified by the...more

Troutman Pepper

Coinbase Approved to Operate a Futures Commission Merchant

Troutman Pepper on

Coinbase Financial Markets, Inc., a leading cryptocurrency exchange, announced that it has secured regulatory approval from the National Futures Association (NFA) to operate a futures commission merchant offering crypto...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

Katten Muchin Rosenman LLP

Funds NOT Immediately Available: Actions FCMs Should Take to Protect Customer Funds Deposited at Distressed Banks

As US interest rates rose in 2022, the value of bank investments in long-dated and fixed-rate bonds declined. These declines were substantial enough to render many banks economically insolvent. Depositors not inclined to...more

Holland & Knight LLP

Transición de la TIIE en operaciones derivadas en México

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El Banco de México (Banxico), el 2 de junio de 2023, publicó un comunicado de prensa relacionado con la transición de la Tasa de Interés Interbancaria de Equilibrio (TIIE) en moneda nacional a plazos mayores a un día hábil...more

Cadwalader, Wickersham & Taft LLP

Enhancing Disclosure Requirements for Derivatives

Two settled enforcement actions in April 2023 indicate that the Commodity Futures Trading Commission (“CFTC”) is expecting increased swaps disclosure by swap dealers under the Dodd-Frank Act of 2010 and applicable CFTC...more

Cadwalader, Wickersham & Taft LLP

Expanding Regulatory Reach over Intermediaries That May Constitute Regulated Exchanges

In response to changes in business practices, regulations and laws eventually change, too.  During the past few years derivatives markets are witnessing this change as it applies to trading facilities as well as to entities...more

Nelson Mullins Riley & Scarborough LLP

U.S. Regulators File Complaints for Digital Asset Market Manipulation and Misappropriation

The U.S. Commodity Futures Trading Commission (CFTC) filed a complaint on Jan. 9, 2023, in the U.S. District Court for the Southern District of New York against Avraham Eisenberg. The U.S. Securities and Exchange Commission...more

Stikeman Elliott LLP

CSA Publish Derivatives Data Reporting Transition Guidance

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Amendments to swap data reporting rules are expected to be implemented by the Commodity Futures Trading Commission (CFTC) in December 2022. The Canadian Securities Administrators (CSA) have issued guidance to market...more

A&O Shearman

UK Financial Services and Markets Bill 2022

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The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of...more

Jones Day

JONES DAY TALKS®: Derivatives Market Volatility Brings New Concerns and More Regulatory Scrutiny

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A turbulent global economy leaves financial institutions and other market participants in challenging positions as they try to hedge and protect their interests in an increasingly uncertain environment. Jones Day partner...more

Stikeman Elliott LLP

CSA Seek Comments on Enhanced OTC Derivatives Data Reporting Amendments

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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

Proskauer Rose LLP

In A Trinity of Releases, the SEC Proposes To Make Hedging Transactions More Transparent

Proskauer Rose LLP on

If adopted, the proposals will likely impact market practices - In a trinity of proposing releases rolled out in less than three months, the SEC has comprehensively proposed to regulate the use of derivatives and short...more

A&O Shearman

HM Treasury Confirms Policy Approach on Wholesale Markets Review

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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

A&O Shearman

European Commissioner Announces Proposed Extension of Equivalence for UK CCPs

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European Commissioner McGuinness has announced that in early 2022 the European Commission will be proposing an extension of the time-limited equivalence granted to U.K. CCPs...more

Cadwalader, Wickersham & Taft LLP

Keep Your Eyes on Mark-to-Market

We report elsewhere in this issue on Senate Finance Committee Chair Ron Wyden's (D-Ore.) proposed mark-to-market tax on billionaires. On August 5, 2021, Wyden also introduced the Modernization of Derivatives Tax Act of 2021...more

Kramer Levin Naftalis & Frankel LLP

Decoding Derivatives – Q2 2021

The credit derivatives determinations process has, for some time, been clouded in relative mystery. As credit default swap (CDS) strategies have grown more complex and gray-area issues have become more commonplace, advocacy...more

Jones Day

JONES DAY TALKS®: Carbon Markets are Booming, and Regulators are Watching

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Efforts by government agencies, companies, and investors to limit the effects of climate change continue to influence activity in the financial markets. Interest in carbon markets, where emission credits are purchased and...more

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