Since the original calibration of the EMIR clearing threshold over a decade ago, structural shifts, including inflation, sustained increases in commodity prices and heightened market volatility, have significantly changed market dynamics. Despite these shifts, the clearing threshold framework has not been updated to reflect the new realities. Therefore, raising the clearing threshold is an important and urgent corrective measure.
CONTINUE READINGOn 6 February 2026, the regulatory technical standards specifying the operational conditions, the representativeness obligation and the reporting requirements related to the active account requirement (AAR) were published in Official Journal of the EU, providing the necessary legal certainty for compliance by in-scope firms.
CONTINUE READINGFIA and ISDA backed CPMI-IOSCO proposals, urging clearer prescriptive treatment of FMI general business losses, stronger resources, consistent scenarios, transparency, and rejecting margin gains haircutting.
CONTINUE READINGThe FIA-sponsored European Agent Trustee Model (EATM) has gone live at LCH Ltd for its SwapClear service, marking an important milestone in a multi-year project between FIA, a consortium of bank clearing members, two European clearinghouses, and external counsel.
CONTINUE READINGFIA advocates for market-led, voluntary clearing of gilt repo transactions in response to the Bank of England Discussion Paper on enhancing the resilience of the gilt repo market.
CONTINUE READINGFIA's response to the BoE on CCP resilience advocates against financial incentives for porting and recommends enhancements to margin models in UK EMIR.
CONTINUE READINGFIA supports replacing the market share test with an annual threshold test, but raises concerns about the suggested inclusion of trading venue activity. Doing so would add complexity, increase compliance costs, and reduce UK competitiveness relative to the EU and the US, where only non-venue derivatives are counted.
CONTINUE READINGFIA presents its quarterly review of volume and open interest on derivatives exchanges worldwide. This quarter we will look at the sharp decline in India's options market, the continued growth of interest rate futures and options in Europe and the US, and competition among exchanges in the energy sector.
CONTINUE READINGEMIR 3.0 – On 19 June 2025, ESMA has issued its final report on the Regulatory Technical Standards (RTS) outlining the conditions for compliance with the active account requirement (AAR), pursuant to the European Market Infrastructure Regulation (EMIR) 3.0. The RTS have been submitted to the European Commission (EC) for endorsement and will subsequently undergo review by the European Parliament and the Council.
CONTINUE READINGThe start of the year has brought policy changes, personnel shifts, and a realignment of priorities at the CFTC and SEC. Foley and Lardner will discuss the recent developments at the Commissions under the new administration and their implications for market participants.
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