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Flawed inception of mandatory clearing

Category: EMIR
Published: 09 August 2016

 

Financial counterparties and alternative investment funds (AIFs) which are not clearing members and which have a lower level of activity in OTC derivatives (to be measured against a quantitative threshold) will likely benefit from extended deadlines for mandatory clearing.

 

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MiFID II own account exemption modified

Category: MiFID
Published: 01 August 2016

 

MiFID II has not entered into force yet, but already became substantially amended. What has changed? Key issue - exemptions.

 

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Also proprietary traders must prosecute market abuse under MAR

Category: MAD/MAR
Published: 25 July 2016

 

REMIT and MAR differ significantly in their market abuse prosecution regimes when it comes to the obligations of proprietary traders. Temporarily?

 

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MAR publication channels: ESMA vs. EC

Category: MAD/MAR
Published: 18 July 2016

 

What was the essence of the dispute between the European Securities and Markets Authority (ESMA) and the European Commission as regards the inside information publications under REMIT and MAR?

Does it influence on the ongoing regulatory practice?

 

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The EU position limits framework - is this manageable issue?

Category: MiFID
Published: 13 July 2016

 

1,500 vs. 28 - this is the scale of discrepancy between the volumes of position limits frameworks in the EU and the US.

 

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Every company as a prosecutor - impressions from reading ACER's 4th edition of REMIT Guidelines

Category: REMIT
Published: 11 July 2016

 

ACER has established a new, costly law for companies.

 

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The EU legislative process - symptoms of anarchy

Category: MiFID
Published: 07 July 2016

 

A few annoying facts from a financial lawyer's perspective...

 

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Did the EU financial regulation cause the Brexit?

Category: MiFID
Published: 29 June 2016

 

 

Why Britons left - competing hypotheses are attacking us in every article. There is no use to object to dominant trends, hence I'll also try to present some propositions in that regard.

 

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Title transfer collateral arrangement, emission allowances and SFTR - difficult coexistence

Category: Emissions trading
Published: 28 June 2016

 

The practical issue, maybe obvious, but I would like to know for certain: do SFTR apply to title transfer collateral arrangements in emission allowances?

 

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Contracts 'that must be physically settled' under MiFID II - the role of balancing agreement with TSOs determined

Category: MiFID
Published: 21 June 2016

 

The ability test for "contracts which must be physically settled" (i.e. contracts falling under Sections C6 or C7 of the Annex I of the MiFID Directive, depending upon the place of execution) has taken its final - as it seems - shape.

  

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Position limits: less than one-day divergence in delivery dates between OTC and an exchange-traded contract will not stop the EEOTC qualification

Category: MiFID
Published: 13 June 2016

 

Crafting the EU position limits legal framework seems to require an immense creativity along with an extreme caution on the part of European legislators.

 

Dealing with this unprecedented task reveals problems so far unknown, nevertheless of an utmost practical importance.

 

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CSCF invalidated, but not entirely

Category: Emissions trading
Published: 31 May 2016

 

Judgment of the Court of Justice of the European Union of 28 April 2016 (C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14) creates dual system of the CSCF's application within the same, third trading period of the EU ETS, as both legal frameworks - the invalidated, and the new one - will be binding, however, for different years.

 

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  1. "Equivalent" does not always mean the same - remarks on the ground of the new financial instruments' definition
  2. Systematic internalisers thresholds for emission allowances and emission derivatives determined in the MiFID II delegated Regulation
  3. Back office alert - OTC contract admitted to trading at the organised market place
  4. World of thresholds

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