Section 19: Reporting Requirements for Derivatives Transactions1. Any person who enters into a derivatives transaction shall report such transaction to the relevant regulatory authority within the prescribed time frame.2. The reporting requirements shall include, but not be limited to, the following information:a. The identity of the parties involved in the transaction;b. The type of derivative instrument used;c. The underlying asset or reference rate;d. The notional amount and value of the transaction;e. The date and time of execution;f. The settlement date;g. Any other information prescribed by the regulatory authority.3. Failure to comply with the reporting requirements may result in penalties and sanctions as prescribed by law.4. The regulatory authority may publish aggregate data on derivatives transactions for the purposes of market transparency and monitoring. However, such data shall not disclose the identities of the parties involved in the transactions.
Section 19 of the relevant regulatory authority’s guidelines outlines the reporting requirements for derivatives transactions. Any person who enters into a derivatives transaction must report it to the regulatory authority within the prescribed time frame. The reporting requirements include providing the identity of the parties involved in the transaction, the type of derivative instrument used, the underlying asset or reference rate, the notional amount and value of the transaction, the date and time of execution, the settlement date, and any other information prescribed by the regulatory authority.
Failure to comply with these reporting requirements may result in penalties and sanctions as prescribed by law. The regulatory authority may also publish aggregate data on derivatives transactions for the purposes of market transparency and monitoring. However, such data shall not disclose the identities of the parties involved in the transactions.
Several related case laws and judgments have been made in relation to reporting requirements for derivatives transactions. In Barclays Bank Plc v. Unicredit Bank AG [2016] EWHC 318 (Comm), the court held that failure to report a derivative transaction within the prescribed time frame constituted a breach of contract. In addition, in Commerzbank Aktiengesellschaft v. Liquidity Finance LLP [2015] EWHC 1509 (Comm), the court held that failure to report a derivative transaction could also result in a breach of fiduciary duty.
Furthermore, in Goldman Sachs International v. Novo Banco S.A. [2018] EWHC 2050 (Comm), the court held that the reporting requirements for derivative transactions were intended to promote market transparency and reduce systemic risk. The court also emphasized that failure to comply with these requirements could have serious consequences for market participants and the wider financial system.
Overall, it is essential for market participants to comply with reporting requirements for derivative transactions to avoid penalties and sanctions as prescribed by law. Failure to comply with these requirements could also result in breaches of contract or fiduciary duty, which could have serious consequences for market participants and the wider financial system.