The Financial Services and Markets Act 2000 (over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2014

The Financial Services and Markets Act 2000 (over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2014
Author: Great Britain
Publisher:
Total Pages: 4
Release: 2014-04-09
Genre:
ISBN: 9780111113691

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Enabling power: European Communities Act 1972, s. 2 (2). Issued: 09.04.2014. Made: 02.04.2014. Laid: 04.04.2014. Coming into force: 01.05.2014. Effect: S.I. 2013/504 amended. Territorial extent & classification: E/W/S/NI. General. EC note: Relates to implementation of certain articles Reg (EU) 648/2012; Commission Delegated Regulation (EU) no. 149/2013

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, Etc. , and Transitional Provision) (EU Exit) Regulations 2018

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, Etc. , and Transitional Provision) (EU Exit) Regulations 2018
Author: Great Britain
Publisher:
Total Pages: 44
Release: 2018-12-10
Genre:
ISBN: 9780111176214

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Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 4 para. 1, sch. 7, para. 21 (b). Issued: 10.12.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1. Effect: S.I. 2013/504. Territorial extent & classification: E/W/S/NI. EC note: These regs amend the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504) which implemented Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories. That EU Regulation is itself amended by these regs. Commission Delegated Regulation (EU) no. 1003/2013 and 667/2014 are revoked. For approval by resolution of each House of Parliament

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, Etc. , and Transitional Provision) (EU Exit) Regulations 2019

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, Etc. , and Transitional Provision) (EU Exit) Regulations 2019
Author: Great Britain
Publisher:
Total Pages: 44
Release: 2019-02-27
Genre:
ISBN: 9780111181874

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Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 4, para. 1, sch. 7, para. 21 (b). Issued: 27.02.2019. Sifted: -. Made: 20.02.2019. Laid: -. Coming into force: In accord. with reg. 1. Effect: S.I. 2013/504 amended. Territorial extent & classification: E/W/S/NI. General. EC note: EC note: These regs amend the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504) which implemented Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories. That EU Regulation is itself amended by these regs. Commission Delegated Regulation (EU) no. 1003/2013 and 667/2014 are revoked. Supersedes draft S.I. (ISBN 9780111176214) issued 10.12.2018

Regulation and Supervision of the OTC Derivatives Market

Regulation and Supervision of the OTC Derivatives Market
Author: Ligia Catherine Arias-Barrera
Publisher: Routledge
Total Pages: 215
Release: 2018-05-11
Genre: Business & Economics
ISBN: 1351797719

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The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs). This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken. Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of ‘innovation risk’; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.

Clearing and Settlement

Clearing and Settlement
Author: Dermot Turing
Publisher: Bloomsbury Publishing
Total Pages: 751
Release: 2021-02-12
Genre: Law
ISBN: 1526514982

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The post-trading industry is one in which financial firms make money and one in which risk issues need careful management. Reliable payment, clearing and settlement structures are perceived to be essential to enable financial firms to withstand shocks. A great deal of the cost of trading and cross-border investment is attributed to the very complex process of clearing and settlement. This book describes and explains: 1. what happens in clearing and settlement, and the roles of (and risks assumed by) the various participants in the post-trade marketplace 2. the law applicable to infrastructures, how they are are regulated, and the other topographical features of their legal landscape 3. the legal and practical aspects of risk management and operations of infrastructures 4. the risks faced by participants in payment, clearing and settlement systems - the agent banks - along with practical and operational issues which they face in their roles. Fully revised, updates for the 3rd edition include: - Implications and impact of Brexit - CPMI and IOSCO paper on central counterparty default (CCP) management auctions - cyber-security and the resilience of financial market infrastructures (FMIs) and the wider market ecosystem.

Button on Taxis: Licensing Law and Practice

Button on Taxis: Licensing Law and Practice
Author: James T H Button
Publisher: Bloomsbury Publishing
Total Pages: 1645
Release: 2017-12-15
Genre: Law
ISBN: 1784511293

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The fourth edition of Button on Taxis completely updates the text to take account of changes to legislation, case law and Guidance since the publication of the third edition. These include important Senior Court decisions relating to adoption of legislation, local authority decision-making processes, licence fees, Hackney carriage ranks, suitability of drivers and action against licensed vehicles. The legislative changes include extensions to the duration of certain licences and the ability for private hire operators to subcontract across local authority boundaries. In addition, the impact of booking systems such as Uber is considered together with the Law Commission's proposals for reform of Hackney carriage and private hire legislation. This new edition will provide a timely update to what is acknowledged as an essential handbook for the taxi licensing practitioner.

Comparing G-20 Reform of the Over-The-Counter Derivatives Markets

Comparing G-20 Reform of the Over-The-Counter Derivatives Markets
Author: James K. Jackson
Publisher: Createspace Independent Pub
Total Pages: 58
Release: 2013-03-13
Genre: Political Science
ISBN: 9781482762143

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Derivatives, or financial instruments whose value is based on an underlying asset, played a key role in the financial crisis of 2008-2009. Congress directly addressed the governance of the derivatives markets through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203; July 21, 2010). This Act, in Title VII, sought to bring the largely unregulated over-the-counter (OTC) derivatives markets under greater regulatory control and scrutiny. Pillars of this approach included mandating that certain OTC derivatives be subject to central clearing, such as through a clearinghouse, which involves posting margin to cover potential losses; greater transparency through trading on exchanges or exchange-like facilities; and reporting trades to a repository, among other reforms. In the debates over Dodd-Frank and in subsequent years, many in Congress have raised the following important questions: If the United States takes stronger regulatory action than other countries, will business in these OTC derivatives markets shift overseas? Since OTC derivatives markets are global in nature, could derivatives trading across borders, or business for U.S. financial firms that engage in these trades, be disrupted if other countries do not adopt similar regulatory frameworks? The first step in addressing these congressional concerns is to examine the degree to which other major countries have adopted similar legislation and regulation as the United States, particularly in light of commitments from the Group of Twenty nations (G-20) to adopt certain derivatives reforms. Following the financial crisis, G-20 leaders (generally political heads of state) established a reform agenda and priorities within that agenda for regulating and overseeing OTC derivatives. The G-20 as an organization has no enforcement capabilities, but relies on the members themselves to implement reforms. According to recent surveys, most members are making progress in meeting the self-imposed goal of implementing major reforms in derivatives markets. Only the United States appears to have met all the reforms endorsed by the G-20 members within the desired timeframe of year-end 2012. The European Union (EU), Japan, Hong Kong, and the United States have each taken significant steps towards implementing legislation requiring central clearing. However, in most of these jurisdictions legislation has not yet been followed up with technical implementing regulations for the requirements to become effective, according to the Financial Stability Board (FSB), which conducts the surveys. Most authorities surveyed estimated that a significant proportion of interest rate derivatives would be centrally cleared by year-end 2012, but they were less confident of progress for other asset classes. The EU appeared to be making progress in its G-20 derivatives regulatory commitments, particularly in central clearing and trade repository-reporting requirements, but at a slower pace than the United States, according to the FSB. This may be due in part to the need for legislation to be passed by individual national legislatures even when agreed broadly by the EU. As of October 2012, however, only the United States had adopted legislation requiring standardized derivatives to be traded on exchanges and electronic platforms. This report examines the G-20 recommendations for reforming OTC derivatives markets and presents the result of self-assessment surveys measuring the performance of G-20 members and some FSB members to date in meeting their commitments. The Appendix to the report presents more detailed information on the status of individual jurisdictions in implementing the G-20- endorsed reforms. The Glossary defines key international bodies and related financial terms and concepts.

Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook

Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook
Author: Edward Jones
Publisher: Bloomsbury Publishing
Total Pages: 497
Release: 2019-09-06
Genre: Law
ISBN: 1526507013

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The effect of a criminal record or arrest can be long-lasting and damaging. Setting out the steps that can help clients to navigate the effect of their criminal record, improve their job prospects, and protect against harmful disclosure of their private life. Criminal Records, Privacy and the Criminal Justice System: A Handbook is a primer on the law and available applications to be taken for clients relating to privacy, criminal records, historic convictions, and reputation management in the criminal justice sector. The authors guide you through the steps that can be taken to delete police records, challenge the content of criminal record certificates, expunge criminal cautions, and bring claims protecting the privacy and data protection rights of clients. As the only handbook of its kind, addressing public and private law claims under one title, this brand new book gives an holistic overview of the ways in which lawyers can help clients cope with the impact of the criminal justice system on their lives and reputations. As such, it is an essential guide for criminal and public law solicitors and barristers, law centres, CABs and PR firms.

Derivatives, Central Counterparties and Trade Repositories

Derivatives, Central Counterparties and Trade Repositories
Author:
Publisher:
Total Pages: 63
Release: 2011
Genre:
ISBN:

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This compilation of briefing papers deals with two crucial questions related to the European Commissions Proposal for a Regulation on OTC derivatives, central counterparties [CCPs] and trade repositories (also known as EMIR the European Market Infrastructure Regulation): 1. possible solutions to regulatory differences between the US Dodd Frank Act - i.e. the US legislation in this area - and the Commission's Proposal, in particular in ensuring equal conditions for market access for EU CCPs. and third country CCPs; 2. recommendations for criteria/reference points for the adoption of information and clearing thresholds for non-financial counterparties according to Article 7 of the Proposal, i.e. whether thresholds might be fixed according to the volume of general business and/or the balance sheet of the non-financial counterparty - taking into account the reference period and the period of validity.

English and European Perspectives on Contract and Commercial Law

English and European Perspectives on Contract and Commercial Law
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 542
Release: 2014-10-23
Genre: Law
ISBN: 1782255184

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The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.