MIFID II and MIFIR Model Provisions

A clearing member that is subject to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments amending Directive 2002/92/EC and Directive 2011/61/EU (MIFID II) and Regulation (EU) No 600/2014 of the European Parliament and of the Council of May 15, 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (MIFIR) may wish to include these model provisions to form part of its ISDA/FIA Client Cleared OTC Derivatives Addendum or any other relevant agreement or terms between the clearing member and the client for the purposes of complying (or establishing the need to comply) with certain requirements of MIFID II and MIFIR.

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Response on CCP Participation Requirements

On December 24, ISDA responded to a consultation from the European Securities and Markets Authority (ESMA) on central counterparty (CCP) participation requirements. Participation requirements for CCPs are vital for safe and efficient clearing markets, and ISDA broadly supports ESMA’s consultation...