|Date||Title / Description||Documents|
November 29, 2013
FOA/ISDA Article 39(7) Clearing Member Disclosure document (including UK Insolvency analysis)
This document facilitates clearing members’ compliance with certain of their obligations under Article 39(7) of EMIR. The document has been made available to allow clearing members to use it in its current form; however, the document may be subject to change. We intend to obtain views on this document from buyside members in the near future.
October 18, 2013
Portfolio Compression EMIR Operations Market Practice Guidance
Provides operational guidance for portfolio compression imposed by EMIR which came into effect on 15th September. Please note that these materials have been prepared and published for informational purposes only and should not be construed as legal, accounting, tax or other professional advise
October 11, 2013
Dodd-Frank March 2013 Protocol (DFP2) to EMIR Top Up Agreement
**ISDA has updated the DFP2 to EMIR Top Up Agreement as of 11th October 2013 to correct some minor typographical errors. The updated version and blackline are posted here.**
On September 10, ISDA published the DFP2 to EMIR Top Up Agreement. This document seeks to allow for EMIR-compliant documentation for parties that have adhered to the Dodd-Frank March Protocol (“DFP2”) and do not wish to adhere to the ISDA 2013 EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol (“EMIR Protocol”) in addition to this.
The explanatory memo is provided to assist in your consideration of the DFP2 to EMIR Top Up Agreement. This document is designed to facilitate compliance with EMIR and Dodd Frank - this document extends DFP2 to cover EMIR compliance “add-ons”.
September 16, 2013
ISDA 2013 EMIR Portfolio Rec, Dispute Resolution and Disclosure Protocol
Slides from the ISDA 2013 EMIR Portfolio Rec, Dispute Resolution and Disclosure Protocol webcast held on 16.09.13
September 16, 2013
ISDA-BBA response to the ESMA CP “Draft Regulatory Technical Standards on contracts having a direct, substantial and foreseeable effect within the Union and non-evasion of provisions of EMIR”
On September 16, ISDA and BBA submitted their response to the ESMA consultation paper entitled “Draft Regulatory Technical Standards on contracts having a direct, substantial and foreseeable effect within the Union and non-evasion of provisions of EMIR”
September 12, 2013
Final ISDA-BBA response to the ESMA DP on the Clearing Obligation
ISDA and the BBA respond to the ESMA Discussion Paper on the Clearing Obligation under EMIR published on July 12, 2013 related to the preparation of the regulatory technical standards.
September 10, 2013
Portfolio Reconciliation EMIR Operations Guidance Note
Provides operational guidance for portfolio reconciliation and dispute resolution obligations imposed by EMIR which come into effect on 15th September. Also includes guidance on a minimum set of fields for portfolio reconciliation purposes.
Please note that these materials have been prepared and published for informational purposes only and should not be construed as legal, accounting, tax or other professional advice.
September 9, 2013
Updated - ISDA 2013 EMIR Portfolio Rec, Dispute Res and Disclosure Standard Amendment Agreement - *correction*
ISDA has updated the Standard Amendment Agreement based on the ISDA 2013 EMIR Portfolio Rec, Dispute Res and Disclosure Protocol as of 9th September 2013 to correct some minor typographical errors and remove a cross reference to the Confidentiality Waiver in the Local Business Day Definition which is not required for the purposes of this document as published.
The updated version and blackline are posted here.
July 19, 2013
Reporting Guidance Note
ISDA has prepared this note to provide guidance around some of the issues raised in respect of the reporting obligations under Regulation (EU) No 648/2012 of the European Parliament and of the Council of July 4, 2012 on OTC derivatives, central counterparties and trade repositories (EMIR). THIS GUIDANCE NOTE DOES NOT PURPORT TO BE AND SHOULD NOT BE CONSIDERED A GUIDE TO OR AN EXPLANATION OF ALL RELEVANT ISSUES OR CONSIDERATIONS IN CONNECTION WITH THE REPORTING OBLIGATIONS. PARTIES SHOULD CONSULT WITH THEIR LEGAL ADVISERS AND ANY OTHER ADVISER THEY DEEM APPROPRIATE PRIOR TO USING ANY LANGUAGE DISCUSSED IN THIS GUIDANCE NOTE. ISDA ASSUMES NO RESPONSIBILITY FOR ANY USE TO WHICH ANY OF ITS DOCUMENTATION OR OTHER DOCUMENTATION MAY BE PUT.
March 14, 2013
EMIR Timely Confirmation Amendment Agreement Form
Amends certain sections of the ISDA Master Agreement by incorporating wording to reflect the allocation of obligations imposed by EMIR in relation to the timely delivery and return of confirmations. Parties can elect to use none, some or all of the provisions as they deem suitable.