Trade Reporting Regimes

TRAction Fintech was founded to reduce the compliance burden by taking care of your trade reporting. The requirements vary by jurisdiction and the following information may need to be reported:

The type of financial instrument

The counterparties to a trade

Any intra-day modifications

A legal entity (LEI)

Transaction and product identifiers

The Objectives of Trade Reporting Requirements

The overarching objectives of the regulatory trade reporting regimes for financial products are to:

  • enhance the transparency of trade information available to relevant authorities and the public;
  • promote financial stability; and
  • support the detection and prevention of market abuse.

Europe – EMIR, MiFIR/MiFID II and SFTR

EMIRMiFIR/MiFID II and SFTR are separate regulatory regimes in Europe. Who do they apply to? Investment firms can find more detail here.

United Kingdom – UK EMIR, MiFIR/MiFID II and SFTR

EMIRMiFIR/MiFID II and SFTR have been onshored to the United Kingdom (UK) and are separate regulatory regimes in the UK. Who do they apply to? Investment firms can find more detail here.

Australia – ASIC Rules

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.

Singapore – MAS Rules

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:

Canada

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.

Background & Law Reform

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.

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