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News analysis

Jul 31, 2021, 13:45 PM
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News analysis
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This Practice Note sets out links to relevant news analysis on the European Markets and Infrastructure Regulation (EMIR) that has been published on Lexis®PSL Banking & Finance

News analysis

Relevant news analysis

The Lexis®PSL Banking & Finance team regularly publish analysis on EMIR, which are set out in the table below.

DateNews analysisBrief description of news analysis
6 February 2017Documentation ‘processes’ overwhelming market participantsAntony Bryceson, principal at AB Trading Advisors, says there is a growing feeling that the 1 March 2017 deadline for documenting, and hence achieving regulatory compliance with, the new variation margin (VM) requirements, is unachievable.
29 November 2016EMIR ReviewThis analysis considers the EMIR Review published by the European Commission pursuant to article 85(1) of the European Markets Infrastructure Regulation (EMIR) on 23 November 2016. The EMIR Review provides a summary of the areas where consultation responses and specific input received from various authorities have shown that action is necessary to ensure fulfilment of the objectives of EMIR in a more proportionate, efficient and effective manner.
7 October 2016ESMA’s proposals for SFTR and EMIR technical standardsOn 30 September 2016, the European Securities and Markets Authority (ESMA) published a consultation paper on draft regulatory technical standards (RTS) and implementing technical standards (ITS) under the Securities Financing Transactions Regulation (SFTR), and amendments to related RTS under the European Market Infrastructures Regulation (EMIR). Pauline Ashall, partner at Linklaters LLP, summarises some of the key points and explains what happens next.
20 September 2016Uncleared derivatives—IM and VM credit support documentationThe International Swaps and Derivatives Association (ISDA) recently published a series of credit support documents in relation to margin requirements. Antony Bryceson, managing partner and Jelena Novakova, senior associate at AB Trading Advisors, explain the new documentation and connected issues.
25 August 2016New margining requirements for uncleared derivativesNew margining requirements under the European Market Infrastructure Regulation (EMIR) were originally due to be phased in from September 2016 but this has now been pushed back to 2017. Daniel Franks, partner at Norton Rose Fulbright LLP, and Victoria Nevins, associate, explain the new requirements, the impact of the delay and the associated International Swaps and Derivatives Association (ISDA) standard initial margin model (SIMM).
25 August 2016ISDA Variation Margin Protocol—what is it about?Edmund Parker, partner and global head of derivatives & structured products and head of the banking & finance Group at Mayer Brown International LLP London, comments on the International Swaps and Derivatives Association’s (ISDA) 2016 Variation Margin Protocol.
5 August 2016Clearing house recovery and resolution—key recommendations for regulatorsThe Clearing House and the International Swaps and Derivatives Association (ISDA) have issued a White Paper identifying key issues that regulators should consider as they develop a resolution framework for systemically important central counterparties (CCPs), also known as clearing houses. Philippa Hann, partner, financial services litigation at Clarke Wilmott, addresses the key points in the paper, and why the onus is firmly on the clearing houses themselves.
14 July 2016Derivatives—H1 2016 roundupThis analysis summarises the developments in the world of derivatives in the first half of 2016, with a focus on EMIR and central clearing.
27 April 2016Leverage ratio undermines client clearing under EMIRDavid Calligan, partner, and Karen Butler, managing associate, both at King & Wood Mallesons, examine the capital requirements imposed upon banks and assess how industry and regulators have responded.
31 March 2016IOSCO—Securities Markets Risk Outlook 2016Emma Millington, a solicitor in the LexisPSL Banking team considers the publication of the International Organization of Securities Commission’s (IOSCO) Securities Markets Risk Outlook 2016 report.
7 March 2016Equivalence—US and EU equal partners for the purposes of CCP?Timony Cant, a financial services solicitor at Ashurst, discusses whether the EU’s central counterparties (CCP) regime has equivalence with that in the US, saying that the EU/US joint statement represents a significant move forward in some respects, but there are deep potholes.
1 March 2016Frontloading—the controversial method of processing and clearing transactionsPauline Ashall, derivatives partner at Linklaters LLP, outlines how frontloading has been used and what regulations have been put in place to clarify the clearing process.
11 December 2015Derivatives—H2 2015 roundupTony Smith, a solicitor in the LexisPSL Banking team considers the key developments in the world of derivatives during the second half of 2015.
3 December 2015From the shadows—new transparency rules on securities financingThe European Council recently adopted a new regulation which aims to improve transparency on securities financing transactions. Nigel Brahams, partner at Fox Williams, provides some background to the new rules and considers their implications.
22 October 2015Leave or remain? What the EU referendum means for financial services and banking lawyersA referendum on whether the UK should remain a member of the EU is scheduled to take place by the end of 2017. Michael Thomas, partner at Hogan Lovells, looks at the possible impact of the referendum on financial services and banking lawyers and their clients.
28 September 2015Proposed changes to ITSs—what actions should firms take? What changes is the European Securities and Markets Authority (ESMA) proposing in its overhaul of the MiFID framework? Sara Evans and Matthew Baker of Berwin Leighton Paisner LLP consider the content of the consultation and the changes proposed to the three draft implementing technical standards (ITSs).
21 August 2015Central clearing of OTC interest rate derivative contracts—all change?The European Commission recently adopted new rules regarding central clearing of certain over-the-counter (OTC) interest rate derivative contracts. Brett Hillis, partner at Reed Smith, along with Joanna T Williams, counsel, and Jennifer Schwalbenberg, associate at the firm, explain the new requirements.
22 June
The following Financial Services practice note provides comprehensive and up to date legal information on News analysis

News analysis

Relevant news analysis

The Lexis®PSL Banking & Finance team regularly publish analysis on EMIR, which are set out in the table below.

DateNews analysisBrief description of news analysis
6 February 2017Documentation ‘processes’ overwhelming market participantsAntony Bryceson, principal at AB Trading Advisors, says there is a growing feeling that the 1 March 2017 deadline for documenting, and hence achieving regulatory compliance with, the new variation margin (VM) requirements, is unachievable.
29 November 2016EMIR ReviewThis analysis considers the EMIR Review published by the European Commission pursuant to article 85(1) of the European Markets Infrastructure Regulation (EMIR) on 23 November 2016. The EMIR Review provides a summary of the areas where consultation responses and specific input received from various authorities have shown that action is necessary to ensure fulfilment of the objectives of EMIR in a more proportionate, efficient and effective manner.
7 October 2016ESMA’s proposals for SFTR and EMIR technical standardsOn 30 September 2016, the European Securities and Markets Authority (ESMA) published a consultation paper on draft regulatory technical standards (RTS) and implementing technical standards (ITS) under the Securities Financing Transactions Regulation (SFTR), and amendments to related RTS under the European Market Infrastructures Regulation (EMIR). Pauline Ashall, partner at Linklaters LLP, summarises some of the key points and explains what happens next.
20 September 2016Uncleared derivatives—IM and VM credit support documentationThe International Swaps and Derivatives Association

News analysis

Relevant news analysis

The Lexis®PSL Banking & Finance team regularly publish analysis on EMIR, which are set out in the table below.

DateNews analysisBrief description of news analysis
6 February 2017Documentation ‘processes’ overwhelming market participantsAntony Bryceson, principal at AB Trading Advisors, says there is a growing feeling that the 1 March 2017 deadline for documenting, and hence achieving regulatory compliance with, the new variation margin (VM) requirements, is unachievable.
29 November 2016EMIR ReviewThis analysis considers the EMIR Review published by the European Commission pursuant to article 85(1) of the European Markets Infrastructure Regulation (EMIR) on 23 November 2016. The EMIR Review provides a summary of the areas where consultation responses and specific input received from various authorities have shown that action is necessary to ensure fulfilment of the objectives of EMIR in a more proportionate, efficient and effective manner.
7 October 2016ESMA’s proposals for SFTR and EMIR technical standardsOn 30 September 2016, the European Securities and Markets Authority (ESMA) published a consultation paper on draft regulatory technical standards (RTS) and implementing technical standards (ITS) under the Securities Financing Transactions Regulation (SFTR), and amendments to related RTS under the European Market Infrastructures Regulation (EMIR). Pauline Ashall, partner at Linklaters LLP, summarises some of the key points and explains what happens next.
20 September 2016Uncleared derivatives—IM and VM credit support documentationThe International Swaps and Derivatives Association
(ISDA) recently published a series of credit support documents in relation to margin requirements. Antony Bryceson, managing partner and Jelena Novakova, senior associate at AB Trading Advisors, explain the new documentation and connected issues.25 August 2016New margining requirements for uncleared derivativesNew margining requirements under the European Market Infrastructure Regulation (EMIR) were originally due to be phased in from September 2016 but this has now been pushed back to 2017. Daniel Franks, partner at Norton Rose Fulbright LLP, and Victoria Nevins, associate, explain the new requirements, the impact of the delay and the associated International Swaps and Derivatives Association (ISDA) standard initial margin model (SIMM).25 August 2016ISDA Variation Margin Protocol—what is it about?Edmund Parker, partner and global head of derivatives & structured products and head of the banking & finance Group at Mayer Brown International LLP London, comments on the International Swaps and Derivatives Association’s (ISDA) 2016 Variation Margin Protocol.5 August 2016Clearing house recovery and resolution—key recommendations for regulatorsThe Clearing House and the International Swaps and Derivatives Association (ISDA) have issued a White Paper identifying key issues that regulators should consider as they develop a resolution framework for systemically important central counterparties (CCPs), also known as clearing houses. Philippa Hann, partner, financial services litigation at Clarke Wilmott, addresses the key points in the paper, and why the onus is firmly on the clearing houses themselves.14 July 2016Derivatives—H1 2016 roundupThis analysis summarises the developments in the world of derivatives in the first half of 2016, with a focus on EMIR and central clearing.27 April 2016Leverage ratio undermines client clearing under EMIRDavid Calligan, partner, and Karen Butler, managing associate, both at King & Wood Mallesons, examine the capital requirements imposed upon banks and assess how industry and regulators have responded.31 March 2016IOSCO—Securities Markets Risk Outlook 2016Emma Millington, a solicitor in the LexisPSL Banking team considers the publication of the International Organization of Securities Commission’s (IOSCO) Securities Markets Risk Outlook 2016 report.7 March 2016Equivalence—US and EU equal partners for the purposes of CCP?Timony Cant, a financial services solicitor at Ashurst, discusses whether the EU’s central counterparties (CCP) regime has equivalence with that in the US, saying that the EU/US joint statement represents a significant move forward in some respects, but there are deep potholes.1 March 2016Frontloading—the controversial method of processing and clearing transactionsPauline Ashall, derivatives partner at Linklaters LLP, outlines how frontloading has been used and what regulations have been put in place to clarify the clearing process.11 December 2015Derivatives—H2 2015 roundupTony Smith, a solicitor in the LexisPSL Banking team considers the key developments in the world of derivatives during the second half of 2015.3 December 2015From the shadows—new transparency rules on securities financingThe European Council recently adopted a new regulation which aims to improve transparency on securities financing transactions. Nigel Brahams, partner at Fox Williams, provides some background to the new rules and considers their implications.22 October 2015Leave or remain? What the EU referendum means for financial services and banking lawyersA referendum on whether the UK should remain a member of the EU is scheduled to take place by the end of 2017. Michael Thomas, partner at Hogan Lovells, looks at the possible impact of the referendum on financial services and banking lawyers and their clients.28 September 2015Proposed changes to ITSs—what actions should firms take? What changes is the European Securities and Markets Authority (ESMA) proposing in its overhaul of the MiFID framework? Sara Evans and Matthew Baker of Berwin Leighton Paisner LLP consider the content of the consultation and the changes proposed to the three draft implementing technical standards (ITSs).21 August 2015Central clearing of OTC interest rate derivative contracts—all change?The European Commission recently adopted new rules regarding central clearing of certain over-the-counter (OTC) interest rate derivative contracts. Brett Hillis, partner at Reed Smith, along with Joanna T Williams, counsel, and Jennifer Schwalbenberg, associate at the firm, explain the new requirements.22
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