News & Opinion

Investors are asking if the post-financial crisis reform of derivatives faces a serious test.

Beginning in August, Thomas Murray Data Services began to post a short series of thought pieces not about what Brexit would look like, which to our minds remains unknowable; but instead about the kinds of questions the firm will be asking itself.

This posting is the last of the five-part series.

This is the fourth in a series of five thought pieces Thomas Murray wishes to share with clients this summer, the questions for our fields of expertise before the amorphous Brexit project takes shape.

In response to the 2007-2009 financial markets crises, and in line with G20 direction on restoring global economic growth, a primary objective of the European Commission was to shore up gaps in capital markets regulation wherever they were to be found.   As regards custody, the partially overlapping segments of central securities depositories and custody banks have been subject to colliding regulatory purposes and often contradictory official projects – if confusing, this is somewhat understandable given that the two domains fall between capital market and banking legislation/regulation, each subject area with its own points of view.  This still needs sorting out, and that clarification of duties and compliance will take place in the near background whilst the British exit from the EU is defined and executed.

A listed exchange is a public company and a national treasure, a dual identity to be embraced. Can the Deutsche Boerse - London Stock Exchange deal succeed in the corporate sense and also in the fulfilment of exchanges’ obligations to the public good? History has demonstrated that building cross-border securities exchanges is not only hard, but it has the propensity to fail.

In response to the 2007-2009 financial markets crises, and in line with G20 direction on restoring global economic growth, a primary policy objective of the European Commission was to extend the existing, rather limited regulation of financial market infrastructures (‘FMIs’).

As defined by global regulators, FMIs fall into four categories. These are central securities depositories (‘CSDs’), central clearing houses (‘CCPs’), trade repositories (‘TRs’), and payment systems. The two important regulations developed by the EU in this space are the European Market Infrastructure Regulation (‘EMIR’) and the Central Securities Depositary Regulation (‘CSDR’). This article will discuss the possible implications of leaving the EU specific to these regulations.

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