EMIR / REFIT

On May 28, 2019, the, among others, following amendments to EMIR (REFIT), which will come into force 20 days after the publication, have been published in the Official Journal of the European Union.

Intra-group derivative transactions between NFCs will not have to be reported anymore. NFCs, and that applies for all subsidiaries of a group in any country of the EEA region, however will have to notify their competent authorities of their intention to apply the exemption referred to in the third subparagraph. The exemption shall be valid unless the notified competent authorities do not agree upon fulfilment of the conditions referred to in the third subparagraph within three months of the date of notification.

EEA-based banks will have to report on behalf of their NFC clients – this new rule will become effective twelve months after the date of publishing the amendment in the Official Journal. Self-reporting will still be possible (and there are quite a few reasons why this will make sense), market participants just will have to inform their counterparties (banks) accordingly.

 

EMIR & BREXIT

Unless the BREXIT will be postponed, intra-group derivative transactions between EEA-based entities and UK-based entities will have to be (additionally) reported by the UK entity to a UK-based trade repository as of April 1, 2019. Technical standards have so far not been published by the FCA, but there still is plenty of time.

REGIS-TR are currently in the process of setting up a trade repository in UK. We expect to support the UK reporting obligation in EMIRate.

FinfraG / Reporting obligation for NFC-s postponed until January 1, 2024

The Swiss Federal Council has again postponed the start of the reporting obligation for NFC-s, this time only a little more than three months before the start that was scheduled for January 1, 2019.  Swiss politicians seem to have no respect for those that had been already prepared or on their way.

New clients ...

What a great day today - One new TFM client, three new EMIRate clients (EMIR & FinfraG). We love the 'quiet' summer season.

We welcome ...

... another EMIRate client from Norway.

One more new FinfraG client ...

... a pension fund, just came in.

Two new FinfraG clients

Two new Swiss clients (FC-) decided to use EMIRate for their FinfraG reporting, starting on January 1, 2018.

EMIR II / All clients successfully migrated

All our EMIR clients have been successfully migrated to EMIR II.

FinfraG / Start of reporting obligation for NFC-s postponed

In a battle between FINMA and ESMA for very interesting decisions, FINMA is currently in the lead.

While most of the Swiss corporates have already started to get ready for the reporting obligation under FinfraG, FINMA has decided to postpone the start of the reporting obligation to January 1, 2019.

Good news for those not having done anything yet, bad news for those who did (which to our knowledge is the majority of Swiss corporates).