Examples of UK EMIR in a sentence
The parties agree that the terms of the 2020 UK EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol published by ISDA on 17 December 2020 (“Protocol”) apply to the Agreement as if the parties had adhered to the Protocol without amendment.
Prospective Shareholders and Shareholders should also be aware that EMIR will transposed into UK law following Brexit (“UK EMIR”), but that the transposition of specific EMIR requirements in this context may be slightly nuanced in order to take account of the existing UK legal framework within which UK EMIR will function.
Going forward, potentially there could also be differences in the manner in which further EMIR obligations (for instance, under the EMIR Refit) and similar future obligations under UK EMIR are defined and implemented.Accordingly, it is difficult to predict the full impact of EMIR and UK EMIR on the Funds, which may include an increase in the overall costs of entering into and maintaining OTC derivatives contracts and the need to comply with multiple regulatory regimes.
The latter classification is further split into: (i) non-financial counterparties whose positions, together with the positions of all other non-financial counterparties in its "group" (as defined in UK EMIR), in OTC derivatives (excluding hedging positions) exceed a specified clearing threshold ("NFC+"), and (ii) non-financial counterparties below the clearing threshold ("NFC-").
OTC derivatives contracts entered into by NFC+ and FC entities (and/or third country equivalent entities) with each other that are not cleared by a central counterparty may be subject to the relevant margining requirement and the relevant daily valuation obligation under UK EMIR.