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By Paul PÉPORTÉ, Partner, Yannick ARBAUT, Partner and Philippe NOELTNER, Associate, Allen Overy Luxembourg
Managers of Luxembourg AIFs(1) and UCITSs(2) beware. Entering into swaps, hedges or speculating on the derivatives market is full of regulatory hurdles. Obligations under Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on over-the-counter (OTC) derivatives, central counterparties and trade repositories (EMIR) have changed. EMIR has been recently amended following a review by the European Commission’s regulatory fitness and performance programme (REFIT). EMIR REFIT entered into force on 17 June 2019. EMIR REFIT notably amends the reporting obligation, counterparty categorisation, clearing obligation and margin...
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