Derivatives and the New EMIR Regulations

The derivatives market can have a beneficial effect on economic development in the short run, as evidenced by its effects in the U.S., Japan and India; however it causes growth volatility in China.

Due to the imminent implementation of India's virtual money regulations, companies with derivatives operations in India should begin planning any necessary re-papering and set-up activities to abide by the new regime.

Mandatory Reporting

India's OTC derivatives regulatory landscape has been significantly altered by the implementation of the EMIR framework. One key reform that emerged as a result of the 2008 financial crisis was mandatory reporting of contracts to trade repositories for calculations.

Under EMIR, FCs and NFC-s must submit details of executed OTC derivatives to a trade repository registered with or recognized by the UK TR. This obligation extends to both ETD and OTC contracts executed within the UK.

However, non-UK entities and subsidiaries are exempt from this obligation as they do not fall under EMIR's purview. Thus, there remains a potential risk that an NFC- may opt to continue reporting its own data for OTC derivative transactions even if the ongoing cost of operating a third party system isn't deemed significant enough to warrant reporting.

In order to meet this requirement, a counterparty must guarantee the details of its derivative contracts are reported without duplication. To facilitate this, ESMA has issued technical standards with detailed guidance on how the contents of a report must be agreed between parties before submission.

Reporting requirements require various data fields, such as the unique product identifier, transaction identifier and critical data elements (CDEs). Furthermore, ESMA has suggested a mechanism that would enable market participants to submit one report covering multiple legs of a derivative contract.

It is essential to be aware that some of these ESMA-approved data fields can be combined with each other. However, the CDE must always be included as its own field and the UPI must include a unique Legal Entity Identifier for each trading counterparty.

Furthermore, parties should confirm the underlying asset isn't a crypto-asset as this could necessitate including its own field in any derivative agreement involving that asset. This is especially pertinent when the derivative involves an actual crypto-asset.

While ESMA-approved data fields are essential, it's equally crucial to review the reporting methodology used by a trade repository in order to guarantee timely submission of information. If a trade repository fails to provide accurate and up-to-date data, this can cause serious compliance issues; in such cases, ESMA will take action.

Favorable Initial Margin Terms

Since September 2016, new regulations have been in the making; though they were delayed a year due to COVID-19, they are set to go into effect by 2021. As firms race to implement the most up-to-date collateral management solutions in an attempt to capitalize on favorable trading conditions. Top tasks include updating documentation and allocating scarce resources across various functional silos - such as custodians and counterparties. Refinitiv was there with their customer success managers on hand who will share their findings in a forthcoming research paper.

Minimum Margin Requirements

Derivatives are a type of investment that allows you to express your opinions on shares in the stock market without actually purchasing them. But before you can start trading derivatives, it's important to have an in-depth understanding of what they are and how they function.

Derivatives trading can be a lucrative opportunity to generate profits, but you need an amount of funds in your account - called margin - in order to cover any potential losses on trades. Without this buffer you would not be able to invest in these trades.

When trading assets such as forex pairs, indices and commodities, the required margin ratio will depend. Some require a higher percentage of their price to be invested - known as the required margin ratio.

To determine how much margin you need for trading, view your Margin Report from TWS or by pressing the Margin report button located under Reports > Risk on your Statement page (Reports > Risk). Depending on which exchange you trade with, your required margin may differ.

Most exchanges employ a risk-based margin methodology that determines minimum margin requirements by computing how a future or option might lose value under various market conditions, using algorithms and hypothetical scenarios. This process, known as Standard Portfolio Analysis of Risk or SPAN, plays an integral role in exchange-based risk management.

On a Reg T Margin account, positions with more than 1% concentration of published shares outstanding will require you to increase your margin requirement. This reduces your borrowing capacity relative to the shares held until it reaches zero. For instance, if a position has 5% concentration, its margin requirement jumps up to 100% and you may no longer be able to borrow against it.

In addition to the required minimum margin, you must maintain an adequate overall margin balance in your account. This balance will determine how much can be borrowed against a position and is calculated daily. Therefore, it's essential that you monitor this figure regularly in order to guarantee there are enough funds in the account to satisfy all margin obligations.


When it comes to OTC derivatives, the best ones are those that don't lock you into a price or restrict your trading options. Utilizing the correct kind of OTC derivative contracts can allow you to select the most advantageous trading conditions while avoiding costly mistakes along the way. Particularly with CFDs, where even a minor misstep can mean the difference between an advantageous trading opportunity and one that fails. Though OTC derivatives may not be for everyone, it's wise to gain some familiarity with how these products function in order to maximize your potential earnings. For instance, an effective OTC straddle trade could quickly transform you from a money pit into an impressive high roller in mere moments.

CFDs offer an excellent way to take advantage of this fact without breaking the bank. Even better, you can do it all from your desk! All that's required is selecting the appropriate OTC derivatives broker or platform that meets your business requirements. Nonetheless, understanding all legal and operational complexities associated with OTC derivatives - including their fine print - is paramount; the more knowledgeable you become, the better off you'll be in the long run.