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Regulatory & Compliance

EMIR

We provide both legal and operational support to fund managers in meeting the ongoing obligations of EMIR, including reporting and clearing of OTC derivatives and risk reduction obligations.

The European Market Infrastructure Regulation (EMIR) is designed to improve transparency, mitigate counterparty credit risk and increase the stability of the over-the-counter (OTC) derivative markets throughout the EU.  EMIR applies to financial and non-financial counterparties to derivatives contracts in the EU, as well as to those trading outside the EU under certain circumstances.

The Maples Group provides both legal and operational support to fund managers in meeting the ongoing obligations of EMIR which introduces reporting and clearing obligations for OTC derivatives, measures for reducing counterparty credit risk and operational risk, rules for central counterparties (CCPs) and trade repositories and for establishing interoperability between CCPs.  Our services include:

  • Advising on the on the laws of the British Virgin Islands, the Cayman Islands, Ireland, Jersey and Luxembourg or assisting in relation to the potential application of EMIR;
  • Reviewing investment management agreements and trading agreements to ensure responsibility is properly assigned for obligations introduced by EMIR;
  • Operations and technology solutions that maintain the relevant trade, position and collateral data and integrate with trade repositories and perform the requisite reporting and reconciliations required under EMIR.