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ESMA to IOSCO – sorry, the dog ate my homework

ESMA has issued a short paper containing Guidelines and Recommendations regarding national authorities’ implementation of the CPSS-IOSCO Principles for Market Infrastructure (PFMIs) in respect of Art. 22(1) EMIR- supervision of CCPs. In a belated realisation that the “operative language” of EMIR is not fully consonant with that of the PFMIs, ESMA has rushed out a […]

CME Europe cleared to clear under EMIR

CME Clearing Europe (CMCE) yesterday received authorisation as a CCP under EMIR. CMCE is a London-based, FCA-supervised derivatives exchange- a wholly-owned subsidiary of the CME group, offering a broad range of products including: IRS, energy and commodities and FX contracts. CMCE is currently the only clearing house to offer the option of an individual client […]

EMIR frontloading offloaded?

ESMA has published the EC’s response to its own letter of 8 May regarding the frontloading requirement for OTC derivatives under EMIR. Michel Barnier’s letter makes the EC’s position uncharacteristically clear- hurry up and adjust the maturity threshold. The frontloading obligation requires the clearing of outstanding swaps. Cleared and uncleared swaps have widely different capital […]

Doctor O’Malia’s Market Medicine

The always-quotable CFTC Commissioner Scott O’Malia took a leaf from Hippocrates in a recent speech subtitled “Regulators must first do no harm”. His prescriptions for the contagions of market fragmentation, fractured liquidity and parasitical arbitrage, all consequent upon regulatory divergence, are as follows: The Cure Should Not Be Worse than the Disease: Fixing Unworkable Rules. […]

Clearing members’ exposure to clients: EBA says “Keep it simple”

On 4 July 2014, EBA published the final draft RTS on the clearing members’ exposure to clients. The RTS addresses the minimum margin periods of risk (MPOR) that financial institutions acting as clearing members may use as input for the calculation of their capital requirements for exposure to clients. MPOR reflects the time period from […]

EU/US Joint Statement- we’re still together

Regulators from the US and EU met on 8 July to host a meeting of the Financial Markets Regulatory Dialogue. Each side brought an alphabet of agencies, subjects covered included key G20 reforms: Basel II capital\leverage\liquidity rules, respective implementation of derivatives reforms, and resolution planning[1]. Derivatives– a mutual pledge to provide greater certainty regarding trading, […]

EMIR Clearing Clearer?

ESMA has launched two consultation papers examining the clearing obligation for IRS[1] and CDS[2]. Following the authorisation of six CCP’s[3], ESMA has grouped the consultation process into broad asset classes, each of which are assessed for their contribution to systemic risk and a consequent clearing mandate. IRS:        The RTS proposes the following four classes […]

EMIR Central Clearing- speak soon or forever hold your peace

ESMA has launched the first round of consultations in preparation for OTC derivative central clearing. Triggered by the authorisation of the first six CCP’s, each defining a new timeline per unique asset class; ESMA has released different consultation papers for IRS and CDS. Feedback will contribute to the final RTSs submitted to the EC in […]

Keler CCP authorised under EMIR

On 4 July 2014, Keler CCP received the authorisation from the Central Bank of Hungary (MNB) to act as a CCP under EMIR.  Keler CCP is the ninth to be authorised, which leaves 13 outstanding applications in the pipeline. Keler CCP is authorised to clear the following classes of financial instruments: MiFID financial instruments / […]

FCA Shares Reporting Advice with Clearing Members of CCPs under EMIR

On 30 June 2014, the FCA shared the reporting advice it had been providing to Authorised firms who are also Clearing Members of an authorised or recognised CCP under EMIR. The FCA adopts a proactive approach by advising these firms that under EMIR, the CCPs need to be made aware of the following for reporting purposes: […]

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