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Updated Market Guidance: Securities Financing Transactions Regulation

Wednesday, July 22, 2020

LBMA issues updated market guidance on Securities Financing Transactions Regulation (SFTR)

Background

 13 July 2020 marked the postponed implementation date for reporting under the EU Securities Financing Transactions Regulation (SFTR). Click here to read our original article on applying SFTR to precious metals transactions.

Market Guidance

 LBMA has finalised an updated version of its market guidance, intended to help precious metals market participants to implement and reporting transactions under SFTR.

In response to ESMA Guidelines announced in January, LBMA published market guidance in April to assist market participants in their application of SFTR and of the operational/industry purpose exemption. Having a market position will help to avoid any reporting inconsistencies, underreporting or over reporting.

In this updated guidance, LBMA has clarified points on identifying linkage between a spot and forward transactions and how to determine whether such transactions are applicable. The guidance also now provides additional information on applying the operation or industrial purpose exemption to these transactions.

Representation Letter

As noted in the market guidance, LBMA has finalised a representation letter template with its Working Group. Market participants could use this template as a starting point in applying the industrial or operational purposes exemption between a Financial Counterparty and Non-Financial Counterparty.

LBMA thanks its SFTR Working Group for its contribution to the survey for market participants which helped to identify these additional points for clarification.

Please contact Rachel.Hart@lbma.org.uk with any questions or for a redline of the updated guidance.

Resources

SFTR Text

ESMA webpage on SFTR

FCA webpage on SFTR

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