Topic
Derivatives Regulation
63 published works
Global Regulation Tomorrow
EBA consults on draft RTS and guidelines on initial margin model authorisation
By Simon Lovegrove (UK), Floortje Nagelkerke (NL)
On 17 March 2026, the European Banking Authority (EBA) issued two consultations on initial margin model authorisation under the European Market Infrastructure Regulation (EMIR) as amended by Regulation (EU) 2024/2987…
Global Regulation Tomorrow
ESMA Final Report on draft RTS to further detail the new EMIR clearing thresholds regime
By Simon Lovegrove (UK), Floortje Nagelkerke (NL)
On 25 February 2026, the European Securities and Markets Authority (ESMA) issued a Final Report on draft technical standards amending Regulation (EU) 149/2013 to further detail the new European Market…
Global Regulation Tomorrow
No changes proposed following review of margin requirements for non-centrally cleared derivatives
On 12 December 2025, the Basel Committee on Banking Supervision (Basel Committee) and the International Organization of Securities Commissions (IOSCO) published a report that reviews the implementation of margin requirements…
The CLS Blue Sky Blog
Federal Judge Trips Over Tricky Statutory Language, Eviscerating CFTC Jurisdiction
By Ilya Beylin
Derivatives lawyers are not known to be an excitable bunch. But a recent opinion from the U.S. District Court in the Northern District of Texas has derivatives lawyers excited, and…
Global Regulation Tomorrow
The OTC Derivatives Risk Mitigation and Central Counterparties (Equivalence) (Switzerland) Regulations 2025
On 21 July 2025, the OTC Derivatives Risk Mitigation and Central Counterparties (Equivalence) (Switzerland) Regulations 2025 were laid before Parliament. An explanatory memorandum has also been published. These Regulations come…
Banking, Finance and Securities
ESMA consults on the conditions for the EMIR 3 Active Account Requirement
By Simon Lovegrove (UK), Floortje Nagelkerke (NL)
On 20 November 2024, the European Securities and Markets Authority (ESMA) issued a consultation on the conditions of the Active Account Requirement (AAR) following the review of the European Market…
Global Regulation Tomorrow
New Split the Difference Podcast: EMIR 3.0
By Simon Lovegrove (UK), Hannah Meakin (UK), Floortje Nagelkerke (NL), Anna Carrier (BE), Georgia Karamani (UK)
Our podcast series Split the difference explores divergence between the EU and UK regulatory regimes in the markets space. In the latest episode, Hannah Meakin, Anna Carrier, Georgia Karamani, Floortje…
Global Regulation Tomorrow
ESAs propose extending the EMIR equity option exemption
On 20 December 2023, the European Supervisory Authorities (ESAs) issued joint draft regulatory technical standards (RTS) under the European Market Infrastructure Regulation (EMIR) where they are proposing a two year…
Global Regulation Tomorrow
Daisy Chains: Council and Parliament reach agreement
On 6 December 2023, the Council of the EU and the European Parliament reached a provisional political agreement on the so called Daisy Chains proposal which amends the Bank Recovery…
Global Regulation Tomorrow
FCA consults on reforming the commodity derivatives regulatory framework
By Anita Edwards, Hannah Meakin (UK)
On 4 December 2023, the FCA published Consultation Paper CP23/27 on reforming the commodity derivatives regulatory framework. CP23/27 sets out the FCA’s proposals concerning position limits, the exemptions from those…