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ARTICLE · 04 FEBRUARY 2014

Swaps End-User Update: What End-Users Need To Know About EMIR – Reporting Obligations

This is the second part in our series on European Market Infrastructure Regulation (EMIR).

United StatesFinance and Banking

This is the second part in our series on European Market Infrastructure Regulation (EMIR). See our previous installment on Counterparty Classifications.

Swaps end-users that trade with counterparties that are established in the European Union (EU) (or that have affiliates established in the EU) and that trade derivatives should be aware that they may be subject to the European Market Infrastructure Regulation (EMIR). Similar to Dodd-Frank (DF) in the U.S., EMIR imposes reporting, clearing and risk mitigation obligations on end-users of derivatives; however, an end-user's EMIR obligations may be different from and potentially more burdensome than its DF obligations. McGuireWoods LLP is providing a series of updates for swaps end-users regarding their potential obligations under EMIR. This update describes an end-user's reporting obligations under EMIR and how EMIR's reporting obligations are different than under DF.

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