Financial Market Infrastructure Act
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Financial Market Infrastructure Act
The Financial Market Infrastructure Act (FMIA), original title () is a body of Swiss legislation for the regulation of financial markets, in particular derivatives. It was originally adopted by the Swiss Federal Assembly on June 19, 2015 and came into force on January 1, 2016. The objective of the legislation is to reduce systemic counterparty and operational risk, and help prevent future financial system collapses. FMIA is intended as the Swiss equivalent to the regulatory packages in the U.S. and the European Union, such as Dodd–Frank and EMIR / MiFID, respectively. The FMIA regulations include requirements for reporting of derivative contracts and implementation of risk management standards. It also established common rules for central counterparties and trade repositories. The implementation of FMIA is overseen by FINMA The Swiss Financial Market Supervisory Authority (FINMA) is the Switzerland, Swiss government body responsible for financial regulation. This ...
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Federal Assembly (Switzerland)
The Federal Assembly (german: Bundesversammlung, french: Assemblée fédérale, it, Assemblea federale, rm, Assamblea federala), also known as the Swiss parliament (''Parlament'', ''Parlement'', ''Parlamento''), is Switzerland's federal legislature. It meets in Bern in the Federal Palace of Switzerland, Federal Palace. The Federal Assembly is bicameralism, bicameral, being composed of the 200-seat National Council (Switzerland), National Council and the 46-seat Council of States (Switzerland), Council of States. The houses have identical powers. Members of both houses represent the Cantons of Switzerland, cantons, but, whereas seats in the National Council are distributed in proportion to population, each canton has two seats in the Council of States, except the six 'half-cantons', which have one seat each. Both are elected in full once every four years, with the 2019 Swiss federal election, last election being held in 2019. The Federal Assembly possesses the federal governm ...
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Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel, St. Gallen a.o.). , coordinates = , largest_city = Zürich , official_languages = , englishmotto = "One for all, all for one" , religion_year = 2020 , religion_ref = , religion = , demonym = , german: Schweizer/Schweizerin, french: Suisse/Suissesse, it, svizzero/svizzera or , rm, Svizzer/Svizra , government_type = Federalism, Federal assembly-independent Directorial system, directorial republic with elements of a direct democracy , leader_title1 = Federal Council (Switzerland), Federal Council , leader_name1 = , leader_title2 = , leader_name2 = Walter Thurnherr , legislature = Fe ...
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Law Of Switzerland
Swiss law is a set of rules which constitutes the law in Switzerland. Structure and Sources There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. The Federal law (german: Bundesrecht, french: Droit fédéral, it, Diritto federale) consist of the following parts: * International law, * Internal law, According to the current Federal Constitution (SR 101 Art. 1, 3) and the principle of subsidiarity (Switzerland) (SR 101 Art. 5a) and the ''Title 3 Confederation, Cantons and Communes'' (SR 101), the Cantons of Switzerland "''are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation''" and "''the principle of subsidiarity must be observed in the allocation and performance of state tasks''". The Internal law (german: Landesrecht, french: Droit interne, it, Diritto interno, rm, Dretg naziunal) consists of the following ...
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Derivative (finance)
In finance, a derivative is a contract that ''derives'' its value from the performance of an underlying entity. This underlying entity can be an asset, index, or interest rate, and is often simply called the "underlying". Derivatives can be used for a number of purposes, including insuring against price movements ( hedging), increasing exposure to price movements for speculation, or getting access to otherwise hard-to-trade assets or markets. Some of the more common derivatives include forwards, futures, options, swaps, and variations of these such as synthetic collateralized debt obligations and credit default swaps. Most derivatives are traded over-the-counter (off-exchange) or on an exchange such as the Chicago Mercantile Exchange, while most insurance contracts have developed into a separate industry. In the United States, after the financial crisis of 2007–2009, there has been increased pressure to move derivatives to trade on exchanges. Derivatives are one of the ...
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Systemic Risk
In finance, systemic risk is the risk of collapse of an entire financial system or entire market, as opposed to the risk associated with any one individual entity, group or component of a system, that can be contained therein without harming the entire system.Banking and currency crises and systemic risk
George G. Kaufman (World Bank),
It can be defined as "financial ''system'' instability, potentially catastrophic, caused or exacerbated by idiosyncratic events or conditions in financial intermediaries". It refers to the risks imposed by ''interlinkage ...
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Dodd–Frank Wall Street Reform And Consumer Protection Act
The Dodd–Frank Wall Street Reform and Consumer Protection Act, commonly referred to as Dodd–Frank, is a United States federal law that was enacted on July 21, 2010. The law overhauled financial regulation in the aftermath of the Great Recession, and it made changes affecting all federal financial regulatory agencies and almost every part of the nation's financial services industry. Responding to widespread calls for changes to the financial regulatory system, in June 2009, President Barack Obama introduced a proposal for a "sweeping overhaul of the United States financial regulatory system, a transformation on a scale not seen since the reforms that followed the Great Depression". Legislation based on his proposal was introduced in the United States House of Representatives by Congressman Barney Frank (D-MA) and in the United States Senate by Senator Chris Dodd (D-CT). Most congressional support for Dodd–Frank came from members of the Democratic Party; three Senate Republic ...
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European Market Infrastructure Regulation
The European Market Infrastructure Regulation (EMIR) is an EU regulation aimed at reducing systemic counterparty and operational risk and thereby prevent future financial system collapses. Its focus is regulation of over-the-counter (OTC) derivatives, central counterparties and trade repositories. It provides steer on reporting of derivative contracts, implementation of risk management standards and common rules for central counterparties and trade repositories. The regulation was initially adopted in 2012 and an amended version, the EMIR Refit regulation, was later on adopted in 2019. Overview The European Market Infrastructure Regulation (EMIR) is EU regulation for over-the-counter (OTC) derivatives, central counterparties and trade repositories. EMIR was introduced by the European Union (EU) as implementation of the G20 commitment to reduce systemic, counterparty and operational risk, and increase transparency in the OTC derivatives market. It was also designed as a p ...
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Markets In Financial Instruments Directive 2004
Markets in Financial Instruments Directive 20142014/65/EU commonly known as MiFID 2 (Markets in financial instruments directive 2), is a legal act of the European Union. Together with Regulation (EU) No 600/2014 it provides a legal framework for securities markets, investment intermediaries, and trading venues. The directive provides harmonised regulation for investment services of the member states of the European Economic Area — the EU member states plus Iceland, Norway, and Liechtenstein. Its main objectives are to increase competition and investor protection, and level the playing field for market participants in investment services. It repeals Directive 2004/39/EC (MiFID 1). MiFID 1 was a cornerstone of the European Commission's Financial Services Action Plan, whose measures changed how EU financial service markets operate. It is the most significant piece of legislation introduced in the Lamfalussy process designed to accelerate the adoption of legislation based on a fo ...
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Counterparty
A counterparty (sometimes contraparty) is a legal entity, unincorporated entity, or collection of entities to which an exposure of financial risk may exist. The word became widely used in the 1980s, particularly at the time of the Basel I deliberations in 1988. Well-drafted contracts usually attempt to spell out in explicit detail what each counterparty's rights and obligations are in every conceivable circumstance, though there are limits. There are general provisions for how counterparties are treated under the law, and (at least in common law legal systems) there are many legal precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...s that shape the common law. Financial services sector Within the financial services sector, the term market counterparty is used to refer to gov ...
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Trade Repository
A Trade Repository or Swap Data Repository is an entity that centrally collects and maintains the records of over-the-counter (OTC) derivatives. These electronic platforms, acting as authoritative registries of key information regarding open OTC derivatives trades, provide an effective tool for mitigating the inherent opacity of OTC derivatives markets.http://www.ecb.int/pub/pdf/other/cesrconsultationontraderepositoriesineu200910en.pdf This market infrastructure is defined and supervised in Europe by the European Securities and Markets Authority (ESMA) under the European Market Infrastructure Regulation (EMIR). Similar regulatory initiatives are conducted in the United States where the Commodity Futures Trading Commission (CFTC) has developed the Dodd-Frank Act regulation, under which Swap Data Repositories are regulated. The strengthening of the derivatives markets regulatory framework finds its origin in the 26 September 2009 summit in Pittsburgh, where G20 Leaders agreed tha ...
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Swiss Financial Market Supervisory Authority
The Swiss Financial Market Supervisory Authority (FINMA) is the Swiss government body responsible for financial regulation. This includes the supervision of banks, insurance companies, stock exchanges and securities dealers, as well as other financial intermediaries in Switzerland. The FINMA is an independent institution with its own legal personality based in Bern. It is institutionally, functionally and financially independent from the central federal administration and the Federal Department of Finance and reports directly to the Swiss parliament. The FINMA is called german: Eidgenössische Finanzmarktaufsicht, french: Autorité fédérale de surveillance des marchés financiers, it, Autorità federale di vigilanza sui mercati finanziari. Its main name and its acronym are expressed in English so as to avoid the semblance of favouring any one of Switzerland's linguistic regions. Anne Héritier Lachat was Chairwoman of the Board of Directors from 2011 until 1 January 201 ...
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Financial Regulation
Financial regulation is a form of regulation or supervision, which subjects financial institutions to certain requirements, restrictions and guidelines, aiming to maintain the stability and integrity of the financial system. This may be handled by either a government or non-government organization. Financial regulation has also influenced the structure of banking sectors by increasing the variety of financial products available. Financial regulation forms one of three legal categories which constitutes the content of financial law, the other two being market practices and case law. History In the early modern period, the Dutch were the pioneers in financial regulation. The first recorded ban (regulation) on short selling was enacted by the Dutch authorities as early as 1610. Aims of regulation The objectives of financial regulators are usually: * market confidence – to maintain confidence in the financial system * financial stability – contributing to the protection and e ...
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