Here are 10 questions that you should know if you are based in the European Economic Area and trade in derivatives, whether on-exchange Googleor “over-the-counter” (OTC), then you will be impacted by EMIR. This could include real estate investors who use derivatives and swaps (e.g. hedging interest rate and currency risks) to reduce risk rather than for speculative purposes. The exact impact of EMIR will depend on the type of firm, as well as the level and type of derivative exposure of the particular firm.

  1. Should I care about EMIR? (I should hope so)
  2. What are the requirements under EMIR?
  3. How do I satisfy the reporting requirement?
  4. How will clearing work?
  5. What about trades that are not centrally cleared?
  6. I’ve heard that EMIR applies differently to “financial counterparties” and “non-financial counterparties”, is this correct?
  7. What are the thresholds between an NFC+ and an NFC-?
  8. What will firms need to do to satisfy the collateral requirement?
  9. What is the timing of EMIR?
  10. How does EMIR fit in with the Alternative Investment Fund Managers Directive (AIFMD)?

The Commercial Law firm Nabarro LLP provides the answers to the above: Here are the Answers10 things you need to know about the EMIR