Obligation to report for derivative transactions

Since February 2014, all companies have been required under Art. 9 of the European Market Infrastructure Regulation (EMIR) to report – the conclusion of new and – the restructuring or – early termination of existing derivative contracts to a trade repository at the supervisory authority. Derivative contracts are covered by this reporting obligation in their entirety. This means that both on-exchange and off-exchange transactions are affected. In addition to the information on the traded contract itself, the reports must also contain a large amount of additional information on the parties to the transaction, i.e. the customer, counterparty, broker and any central counterparty. – See derivative, derivative transactions, bilateral, derivative transactions clearing obligation, derivative information obligation, derivatives code, derivatives regulation, European Market Infrastructure Regulation financial derivatives, credit derivative, overregulation. – Cf. Annual Report 2013 of BaFin, p. 163 f. (new requirements for OTC derivative transactions under the amended Derivatives Ordinance).

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University Professor Dr. Gerhard Merk, Dipl.rer.pol., Dipl.rer.oec.
Professor Dr. Eckehard Krah, Dipl.rer.pol.
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