ARTICLE
30 March 2015

Additional Benchmarks Brought Within UK Regulatory Perimeter

SS
Shearman & Sterling LLP

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On February 23, 2015, UK legislation was enacted to bring additional benchmarks within the UK regulatory perimeter.
United Kingdom Finance and Banking

On February 23, 2015, UK legislation was enacted to bring additional benchmarks within the UK regulatory perimeter. The additional benchmarks are ISDAFIX, Sterling Overnight Index Average, also known as SONIA, Repurchase Overnight Index Average, also known as RONIA, WM/Reuters London 4 p.m. Closing Spot Rate, London Gold Fixing, LBMA Silver Price and ICE Brent Index. The LIBOR benchmark was already subject to regulation. Bringing the additional benchmarks within the regulatory perimeter are a result of the initial recommendations on benchmarks of the Fair and Effective Markets Review. A Policy Statement was also published by the FCA on March 10, 2015, on the seven new benchmarks it will be regulating and supervising. This includes the FCA's final rules amending Chapter 8 of the Market Conduct Sourcebook (Mar 8), which was originally designed for benchmarks determined through a submission process, such as LIBOR. The rules have now been adapted to the new benchmarks being brought into regulation, and in particular to benchmarks without submitters. The new rules also introduce perimeter guidance to identify persons that carry out the regulated activity of acting as benchmark submitters. The new legislation and FCA rules enter into force on April 1, 2015.

The report is available at: http://www.eba.europa.eu/documents/10180/997875/EBA-RTS-2015-01+and+EBA-ITS-201-501+Final+Draft+RTS+and+ITS+on+Benchmarking+Exercise.pdf; and the technical advice is available at: http://www.eba.europa.eu/documents/10180/983359/EBA-Op-2015-04+Technical+Advice+on+benchmarking+pursuant+to+Art+78%289%29.pdf.

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