The type of financial instrument
The counterparties to a trade
Any intra-day modifications
A legal entity (LEI)
Transaction and product identifiers
The overarching objectives of the regulatory trade reporting regimes for financial products are to:
Applies to any entity established in the European Union (EU) that has entered into a derivative contract, and applies indirectly to non-EU counterparties trading with EU parties.
EMIR has been onshored into UK legislation as UK EMIR. The UK legislation requires entities entering into derivative contracts to report transactions to an FCA registered trade repository (TR), clear via a central counterparty (CCP) if subject to a mandatory clearing obligation and implement risk mitigation for OTC derivatives that are not cleared by a CCP.
ASIC trade reporting is governed by the ASIC Derivative Transaction Rules (Reporting) 2022 which provides a framework for the regulation of OTC derivatives reporting, clearing and trade execution. All Australian entities dealing in OTC derivatives are required to report transactions to an Australian Derivatives Trade Repository (ADTR) licensed by ASIC. In terms of any specific reporting requirements and what your obligations are, we’ve covered all for you here.
MAS reporting requires the parties to a Specified Derivatives Contract (SDC) to report to a licensed trade repository or licensed foreign trade repository. For non-bank financial institutions and significant derivatives holders, the reporting obligations cover:
Interest rate derivative contracts & credit derivative contracts Foreign exchange derivative contracts, commodity derivative contracts & equity derivative contracts.
Derivative trade reporting in Canada is a single-sided reporting regime that requires OTC derivatives across all asset classes to be reported. The reporting regulation requires all derivatives transactions involving a local counterparty to be reported to a designated TR or to the Commission. The TR Rule outlines a hierarchy for determining which counterparty will be required to report a transaction based on the counterparty to the transaction which is best suited to fulfil the reporting obligation.
Global commitment to derivatives reform arose out of the Global Financial Crisis (GFC) in 2008. The GFC highlighted structural deficiencies in the global derivatives markets and the systemic risk that those deficiencies posed to wider financial markets and the real economy. In the lead-up to the GFC, those structural deficiencies contributed to the build-up of large counterparty exposures for which the risks were not appropriately managed. With details of derivative transactions generally held only between the counterparties, in many cases those exposures were not transparent to other market participants and regulators.
The regulatory response, in the form of commitments by regulators around the world to implement derivatives reform, was made at the Group of Twenty (G20) Summit in Pittsburgh in 2009. Since then, transaction reporting regimes have been introduced in multiple jurisdictions and are continuing to be amended and updated. Read more about how ASIC and European Central Bank responded to this.