What does an EMIR rule?

What does an EMIR rule?

The European market infrastructure regulation (EMIR) lays down rules on OTC derivatives, central counterparties and trade repositories.

What is reportable under EMIR?

EMIR mandates reporting of all derivatives to Trade Repositories (TRs). TRs centrally collect and maintain the records of all derivative contracts. They play a central role in enhancing the transparency of derivative markets and reducing risks to financial stability.

What trades should be reported under EMIR?

EMIR requires reporting of the transaction details for both types of derivatives trades – exchange traded derivatives (ETD) and OTC derivatives.

Who is covered by EMIR?

EMIR requires the reporting of all derivatives, whether OTC or exchange traded, to a trade repository. EMIR covers entities that qualify for derivative contracts in regards to interest rate, equity, foreign exchange, or credit and commodity derivatives.

What is the difference between EMIR and MiFID II?

MiFID II and EMIR share the regulatory coverage of the OTC derivatives market. While MiFID II introduces a trade obligation for OTC derivatives as part of its market structure related measures, EMIR addresses the duty for central clearing. In this case, both regulations complement each other.

How many fields are there in EMIR?

The most immediate and impactful requirement under EMIR is the mandate for all entities to report their derivative transactions on a T+1 basis to their corresponding trade repository. These reports include 26 EMIR reporting fields of counterparty data, and 59 EMIR reporting fields of additional data.

What is the difference between EMIR and MiFIR?

EMIR focuses on three primary objectives: reporting, clearing, and risk mitigation. However, the scope of MiFID II is limited to OTC derivatives. The clearing obligation under EMIR also applies to FCs and NFCs both of which need to clear OTC derivative trades through an authorized CCP.

What is EMIR and remit?

Emir applies to EU-registered companies regardless of the geographic nature of their trades (e.g. a North American electricity swap is in scope), whereas under Remit any wholesale trade, contract (physical or financial) or infrastructure utilisation related to an EU delivery point falls within scope, regardless of the …

What is EMIR portfolio reconciliation?

The ISDA 2013 EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol enables parties to amend the terms of their Protocol Covered Agreements to reflect the portfolio reconciliation and dispute resolution requirements imposed by EMIR as well as to include a disclosure waiver to help ensure parties can …

Is EMIR part of MiFID?

The original MiFID I became applicable in November 2007. EMIR was created and MiFID updated as a result of the global financial crisis of 2008. During the crisis, OTC derivative markets suffered because of a lack of transparency around counterparties and the clearing of trades – exacerbating the emergency.

What MiFID means?

Markets in Financial Instruments Directive
The Markets in Financial Instruments Directive (MiFID) was created in 2004 to replace the Investment Services Directive, and it was implemented in 2007.

What is an FC under EMIR?

EMIR introduces two sets of counterparties: Financial Counterparties (FC) include banks, investment managers, insurance companies or brokers. Non-Financial Counterparties (NFC) include all entities that are not Financial Counterparties.

Are FX forwards in scope for EMIR?

In its guidance (published in the context of the reporting obligations which apply under EMIR), the Central Bank of Ireland provides that, as a temporary measure, FX forwards which settle between T+3 and T+7 are generally not required to be reported for EMIR purposes.

What does NFC mean in EMIR?

What is FC and SFC?

Small Financial Counterparty (SFC or FC-) is: Financial counterparty as defined in Category 3 of the existing Commission Delegated Regulations on the clearing obligation: – Commission Delegated Regulation (EU) 2015/2205 of 6 August 2015 supplementing Regulation (EU) No 648/2012, OJ L 314, 1.12.2015, p.

What is the EMIR clearing threshold?

What is the Clearing Threshold? The Clearing Threshold is an amount set by class of OTC derivative contracts. It is set by regulatory technical standards and will be reviewed on a regular basis following public consultation.

  • August 2, 2022