Who needs to EMIR report?

Who needs to EMIR report?

Who should report under EMIR? EMIR establishes the reporting obligation on both counterparties that should report the details of the derivative trades to one of the trade repositories (TRs), i.e. the buying party should report and the selling party should report.

What are the EMIR classifications?

Market participants subject to EMIR and their clients are classified into these categories:

  • Financial Counterparties trading derivatives above the relevant clearing thresholds (“FCs”)
  • Financial Counterparties trading derivatives below the relevant clearing thresholds (“Small FC” or “FC-”)

What is EMIR delegated reporting?

Along with creating a framework for companies to report directly by themselves to a trade repository, EMIR rules allow for the use of third parties that are delegated to report OTC derivative and ETDs on the reporting firm’s behalf.

What does EMIR apply to?

EMIR applies to all derivatives identified in Annex 1 Sections C (4) to (10) of The Markets in Financial Instruments Directive (MiFID). The main obligations apply to transactions in over-the-counter (OTC) derivatives but some, for example the reporting obligation, apply to both OTC and exchange-traded derivatives.

What is TRUP reporting?

The Transaction Reporting User Pack (TRUP) provides guidance to firms on understanding the transaction reporting obligations that come from Directive 2004/39/EC on the Markets in Financial Instruments Directive (MiFID), implemented through SUP17 of the FCA Handbook.

What are reportable securities?

A “reportable security” is essentially all securities of every kind except: Direct obligations of the government of the United States. Bankers’ acceptances, bank CDs, commercial paper and high-quality short-term debt instruments, including repurchase agreements. Shares issued by money market funds.

Which of the following report types are applicable to SFTR reporting?

The types of SFTs in scope of the requirements include: Transaction level reporting: Securities and commodities lending / borrowing transactions. Buy-sell backs / sell-buy backs.

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.

What are non reportable securities?

Non-Reportable Securities means: (i) Direct obligations of the Government of the United States; (ii) Banker’s acceptances, bank certificates of deposit, commercial paper and high quality short-term debt instruments, including repurchase agreements; and (iii) shares issued by open-end mutual funds, including the Baron …

What makes someone an access person?

(1) Access person means: (i) Any of your supervised persons: (A) Who has access to nonpublic information regarding any clients’ purchase or sale of securities, or nonpublic information regarding the portfolio holdings of any reportable fund, or.

What is EMIR reportable?

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 is reported under SFTR?

Transactions that are reportable under SFTR: Repurchase agreements (repos), stock loans, margin loans, sell/buy-back transactions and collateral management transactions.

What are considered reportable securities?

Who should report under Art 9 of Emir?

Reporting obligation (under art. 9 of EMIR) Who should report under EMIR? EMIR establishes the reporting obligation on both counterparties that should report the details of the derivative trades to one of the trade repositories (TRs), i.e. the buying party should report and the selling party should report.

Are exchange-traded derivatives subject to EMIR reporting obligations?

Article 9 (1) of EMIR does not specifically restrict this reporting obligation to OTC derivatives; therefore, exchange-traded derivatives are also covered by this reporting obligation. Pursuant to Article 2 (5) of EMIR, a “derivative” is subject to the reporting obligation if it is included under Annex I, Section C, points (4) to (10) of MiFID.

What is the Emir 11(3) rule?

EMIR (Article 11(3)) requires counterparties to have in place procedures for “the timely, accurate and appropriate segregated exchange of collateral” for non-centrally cleared “OTC derivative contracts that are entered into on or after 16 August 2012”. This rule is applicable from the entry into force of the Regulation.

What is Emir and how does it work?

EMIR sets obligations and requirements applicable to the non-financial counterparties that enter into derivative contracts thus expanding the coverage of the regulation. What 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.