The GDR provides that the parties may include a number of calendars in the GDR: (i) the “voters list” (this list is mandatory and contains all the elections and information that the parties must carry out or paste concerning the provisions contained in the main part of the agreement (much like the list of an ISDA framework agreement)); (ii) a static timetable (optional, see paragraph 3 below); and/or (iii) a timetable for operational and procedural arrangements (which is also optional). The GDR is a separate declaration delegation agreement under English law4. 4 It provides, on the whole, that one party (the `registrant`) transmits on behalf of the other party (the `client`) certain data (`relevant data`) relating to certain derivative transactions (`relevant transactions`). Unlike the US Dodd-Frank Wall Street Consumer Reform and Protection Act (“Dodd-Frank”), EMIR does not apply any hierarchy to the responsibility for media coverage. Therefore, an EU fund or company is subject to the reporting obligation, whether it is acting with another EU company, an EU bank or even a counterparty to the TEC (e.g. B an American bank). The MRRA establishes common conditions for the mandatory and delegated reporting of derivatives transactions under EMIR, which are consistent with the amendments introduced through EMIR Refit and with CORPORATE finance transactions under the ASR. The agreement was also designed to ensure that these conditions will remain effective after Brexit. Although the reference to `counterparties` initially caused some confusion, ESMA clarified the position in its Questions and Answers (Q&A) document: the reporting obligation applies only to CFCs and NSCs. ISDA and THE ATF have jointly published the ISDA/FOA EMIR Reporting Delegation Agreement (“Agreement”), which aims to assist market participants in fulfilling their obligations under Article 9 of EMIR by providing a bilateral standard form contract to document delegated reporting agreements.
For example, where a swap is made by a redemption counterparty established in the EU and a swap swap registered in the CFTC and the swap is subject to Dodd-Frank reporting and falls under the August 2012 ISDA-DF protocol, the counterparty must comply with the corresponding reporting obligation as a non-reporting counterparty described above under Protocol6 (as well as to report the swap itself in accordance with EMIR). “It`s shocking at this late stage that so many companies barely realize they are expected to report their trades under EMIR,” says a London-based lawyer. “It`s usually the smaller buy-side companies that are the least prepared, and many of them will almost certainly try to delegate the operational side of trade coverage.” EMIR does not specifically concern contracts concluded after 16 August 2012 but which have not yet been concluded by the reference date, and the market considered that such contracts should therefore be notified from the reference date. . . .