Commodities

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Development of Commodity Regulation Before the CFTC

Today, commodity trading is more ubiquitous than ever with individuals doing it on their phones. This is only possible because of strong regulatory control over the industry, especially by the Commodity Futures Trading Commission (CFTC). Fully comprehending commodity regulations today requires, first, understanding at least broadly the history of commodity regulations that preceded the CFTC. …

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ESMA updates on Investor Protection and Commodity Derivatives under MiFID II

The European Securities and Markets Authority (ESMA) has issued several updates regarding Investor Protection and Commodity Derivatives under MiFID II today. The first statement refers to its Questions and Answers (Q&As) on the Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR) regarding commodity derivatives topics. These Q&As provide clarification on issues related to the MiFIDII/MiFIR …

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CFTC proposes interpretation on Virtual Currency “Actual Delivery” in Retail Transactions

The Commodity Futures Trading Commission (CFTC) today announced a Proposed Interpretation concerning its authority over retail commodity transactions involving virtual currency, such as bitcoin. Specifically, the Proposed Interpretation sets out the CFTC’s view regarding the “actual delivery” exception that may apply to virtual currency transactions. The Proposed Interpretation is open for public comment for 90 …

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ESMA provides update on Commodity Derivatives under MiFID II

The European Securities and Markets Authority (ESMA) has today updated its Questions and Answers (Q&As) regarding commodity derivatives under the Market in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). This update relates to position limits and position reporting. ESMA has also updated today its list of liquid commodity derivative contracts for position limit purposes. …

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ESMA agrees MiFID II position limits proposed by FCA

The European Securities and Markets Authority (ESMA) has published today nine opinions on position limits regarding commodity derivatives under the Markets in Financial Instruments Directive and Regulation (MiFID II/MIFIR). ESMA’s opinions agree nine position limits proposed by the Financial Conduct Authority (FCA). The position limits concern contracts on: London cocoa; Robusta coffee; White sugar; Aluminium; …

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ESMA updates Q&A on MiFID II implementation

The European Securities and Markets Authority (ESMA) has today updated its Question and Answers (Q&As) regarding the implementation of the Market in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). The purpose of these Q&As is to promote common supervisory approaches and practices in the application of MiFID II. It provides responses to questions posed …

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ESMA issues final guidelines on inside information and commodity derivatives

The European Securities and Markets Authority (ESMA) has issued today final guidelines clarifying one element of the definition of inside information in relation to commodity derivatives under the Market Abuse Regulation (MAR). The new market abuse regime strengthens the existing market abuse framework. In particular, with regards to commodity derivatives, MAR is further specifying the …

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IOSCO reports on Commodity Derivatives Market Pricing

The Board of the International Organisation of Securities Commissions today published “The Impact of Storage and Delivery Infrastructure on Commodity Derivatives Market Pricing”. The report sets out the findings and conclusions of the review of the impact of storage infrastructures on the integrity of the price formation process of physically-delivered commodity derivatives contracts traded on …

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ESMA consults on future MAR list of information regarding commodity and spot markets

The European Securities and Markets Authority (ESMA) has opened today a public consultation on draft guidelines under the Market Abuse Regulation (MAR). ESMA is seeking views on its proposed non-exhaustive indicative list of information expected or required to be published on commodity derivatives markets or spot markets for the purposes of determining  inside information regarding …

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