News 4
This PrACTice Note explains the key elements of Assimilated Regulation (EU) 648/2012 (UK EMIR) and covers: (1) the clearing obligation, (2) the trade Reporting obligation, (3) margin requirements for non-centrally cleared over the counter (OTC) derivatives, and (4) additional risk mitigation requirements for uncleared trades, including timely confirmation, portfolio reconciliation, portfolio compression, and dispute resolution.
Section 1(1) and Schedule 1 Part 1 of the Financial Services and Markets Act 2023 (FSMA 2023) provide for the revocation of UK EMIR with effect from a date or dates to be appointed by HM Treasury. No date has yet been appointed.
UK EMIR—Introduction
Key requirements of UK EMIR
UK EMIR is the principal UK measure regulating the over the counter (OTC) derivatives market. Its key elements are:
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a requirement to clear certain standardised OTC derivatives traded by certain counterparties through a central counterparty (CCP)—see Clearing obligation below
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a requirement to report derivative contracts to a trade repository (TR)—see Trade reporting obligation below
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margin requirements for non-centrally cleared OTC derivatives traded by certain counterparties—see Margin requirements below, and
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additional risk mitigation
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