Głowacki Law Firm

Financial Market
Rules on client-as-agent model specified by ESMA in EMIR RTS on indirect clearing arrangements
Monday, 29 October 2012 21:23


Regulatory Technical Standards prejudge that facilitating indirect clearing arrangements is not mandatory for clearing members – the contentious issue as yet.


Last Updated on Thursday, 15 November 2012 13:51
Treasury financing activities “contaminated” by non-financials’ commodities trading units in effect of ESMA’s decisions on EMIR
Friday, 26 October 2012 10:58


Commodity firms strongly opposed that exceeding the clearing threshold for one class of OTC derivative should trigger application of the clearing obligation or of the risk mitigation techniques for all classes of OTC derivative contracts.


EMIR – intra-group transactions exemption
Monday, 30 July 2012 06:59


Status of the intra-group transactions under the EMIR legal framework should be considered with respect to clearing obligation and collateralisation requirement separately.


Draft Regulatory Technical Standards on OTC Derivatives – which OTC derivative contracts are ‘objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity’
Monday, 09 July 2012 06:23


The determination of the circumstances in which OTC derivative contracts are ‘objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity’ represents the key EMIR qualification, since when the criteria are met, the OTC derivative contract is excluded from the computation of the clearing threshold.


Types and consequences of indirect clearing arrangements for CCP-cleared OTC emissions trades under EMIR
Thursday, 05 July 2012 06:40


Emission market participants should prepare for clearing with CCP OTC emissions trades under circumstances specified by EMIR. In order to comply with the clearing obligation, a counterparty must become a clearing member, a client or establish indirect clearing arrangements. Determination of the most beneficial option is made sometimes difficult by the fact that these notions and their implications are often confused. ESMA Consultation Paper has shed, however, some light on these issues.


Clearing thresholds calculating under EMIR draft Regulation and ESMA Draft Technical Standards
Monday, 02 July 2012 06:00


When one of the clearing thresholds for an asset class is reached as determined in EMIR, the counterparty is considered as exceeding the clearing thresholds and therefore is subject to the relevant EMIR requirement for all classes of OTC derivative contracts and not only for those pertaining to the class of OTC derivatives where the clearing threshold is exceeded.

But how is the counterparty trading with the non-financial participant (NFC) going to be made aware that the NFC has or has not yet exceeded the clearing threshold?


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