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Regulation

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  • The International Swaps and Derivatives Association has published a protocol that allows counterparties in a swap to simultaneously amend the terms of an existing ISDA Master agreement to comply with new regulation imposed by European Markets Infrastructure Regulation.
  • The European Securities and Markets Authority is clarifying when third parties will be required to comply with the European Markets Infrastructure Regulation in a consultation paper on regulatory technical standards for OTC derivatives, central counterparties and trade repositories.
  • We may now be entering the summer lull, with the U.K. roasting in a rare heatwave and much of continental Europe preparing for holidays.
  • Foreign institutions are concerned they will have to enter a foreign financial institution agreement with the U.S., or otherwise suffer a withholding tax on their derivatives transactions, if intergovernmental agreements are not concluded before the implementation date of the Foreign Account Tax Compliance Act.
  • The Australian Council of Financial Regulators is recommending the government enforce mandatory clearing for over-the-counter U.S. dollar, Japanese yen, euro and sterling-denominated interest rate swaps, a reversal from its past stance of a market driven solution to its G20 derivative reform commitments.
  • The Bank of Thailand has lifted its offshore investment quota for both institutional and non-institutional investors, making it easier to invest in exchange and over-the-counter derivatives and other instruments.