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EC endorse CSDR delay

On 23 October, the European Commission approved ESMA’s amended RTS, delaying the CSDR’s controversial settlement discipline regime until 1 February 2022. The amended RTS can be found here. Having been rubber-stamped by the Commission the RTS now enter the mandated three month period, pending non-objection by the Parliament and the Council. Despite adding to an […]

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ISDA release CMT Toolkit

ISDA are continuing their drive to promote document digitisation with the recent release of four electronic tools that will help firms: improve their digital documentation strategy; streamline their portfolio reconciliation and dispute resolution process; update custodial onboarding for segregated accounts. These issues were deemed priority topics by ISDA members and relevant working groups, the recently […]

Protocol starts with a bang

ISDA have today officially launched the IBOR Fallbacks and Supplement and Protocol. The supplement amends ISDA’s standard 2006 definitions for interest rate derivatives, incorporating robust fallbacks for IBOR-linked derivatives. Changes take effect on 25 January 2021, from which date the fallbacks will be included in all new cleared and OTC derivative transactions that reference the […]

The Promised Land- an introduction

As a profession, lawyers are perhaps not best known for their eager embrace of new technology. The cynically-minded may say such reticence does not extend to the pursuit of money. The advent of new technologies, credibly promising substantial savings, will put these previously compatible stereotypes to the test. Over the last few years, ISDA and […]

Eyes on IBOR – Update no. 5: The Protocol

On 9 October 2020, ISDA published the advent of the long-awaited Fallbacks Protocol (“the Protocol”) and updated 2006 Definitions (“the Supplement”). While the official Launch Date is 23 October 2020, early adopters may adhere in advance by application to their ISDA contact. The publication marks the beginning of the largest, single-phase amendment project ever undertaken […]

Landmark LIBOR date delayed

ISDA yesterday announced a further delay to the publication of the long-awaited IBOR Fallbacks Protocol. CEO Scott O’Malia used the ISDA derivatiViews blog to inform the market that the effective date of the protocol is now expected to be mid-late January, referencing a letter to this effect sent to the Bank of England and the […]

Increasingly IMminent

 ISDA CEO Scott O’Malia recently published a post exhorting the wider industry not to fall into the trap of complacency in respect of IM compliance. While Mandy Rice Davies’ “Well he would, wouldn’t he” might spring to the more flippant mind, the points are well made and worth underlining. On 3 April 2020, responding to […]

CSDR mini-delay OJ’d

As previewed, the RTS to postpone the application of the CSDR settlement discipline regime (“SDR”) until 1 February 2021 has been published in the OJ. Readers will recall that this delay was intended to give market participants some minimal extra time, to repaper documentation and allow IT systems to incorporate mandates due to be imposed […]

CSDR SDR in lockdown

ESMA has confirmed its intention to extend its delay of the CSDR’s Settlement Discipline Regime (SDR) until February 2022. An initial delay from the 13 September 2020 until 1 February 2021 was awaiting non-objection by the Parliament and Council to an earlier “Final” Report. This will now be superseded by a Final(er) Report on postponing […]

COVID-19 Regulatory update no. 6

Welcome to the sixth in our COVID-19 Regulatory update. Another relatively quiet period for COVID-19 related regulatory initiatives. With this in mind, forthcoming updates will be published on a fortnightly basis, or as and when sufficiently significant announcements are released.  

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