AI Summary of Article 4 Reporting obligation and safeguarding in respect of SFTs
Counterparties to securities financing transactions (SFTs) must report details of any concluded, modified or terminated SFT to a trade repository registered under Article 5 or recognised under Article 19 no later than the working day following the event. Reporting applies to SFTs concluded before the relevant date that remain outstanding if remaining maturity exceeds 180 days or if open and outstanding 180 days after that date, and to SFTs concluded on or after that date; pre-existing SFTs must be reported within 190 days. A counterparty may delegate reporting; financial counterparties must report on behalf of certain small non‑financial counterparties; management companies and AIFMs report for UCITS and AIFs respectively. Counterparties must retain SFT records for five years. If no trade repository is available, reports must be made to ESMA, which will provide access to relevant authorities. Trade repositories and ESMA must respect confidentiality and Article 80 of Regulation (EU) No 648/2012; reporting does not breach disclosure restrictions and gives rise to no liability for the reporting entity or its directors or employees.
ESMA, in close cooperation with and taking into account the needs of the ESCB, must develop draft regulatory technical standards (RTS) and implementing technical standards (ITS) by 13 January 2017. RTS shall specify report details for different SFT types, including parties and beneficiaries, principal amount, currency, collateral (type, quality, value), collateral method, reuse and substitution, repurchase/lending rates, haircuts, value and maturity dates, first callable date, market segment, and, where relevant, cash collateral reinvestment and securities/commodities lent or borrowed; ESMA shall account for pools of assets and permit position‑level collateral reporting. ITS shall specify format and frequency, including global LEIs (or pre‑LEIs), ISINs and unique trade identifiers. Power is delegated to the Commission to adopt the RTS and ITS under Regulation (EU) No 1095/2010.
Article 4 Reporting obligation and safeguarding in respect of SFTs
1. Counterparties to SFTs shall report the details of any SFT they have concluded, as well as any modification or termination thereof, to a trade repository registered in accordance with Article 5 or recognised in accordance with Article 19. Those details shall be reported no later than the working day following the conclusion, modification or termination of the transaction.
The reporting obligation laid down in the first subparagraph shall apply to SFTs which:
(a) were concluded before the relevant date of application referred to in point (a) of Article 33(2) and remain outstanding on that date, if:
(i) the remaining maturity of those SFTs on that date exceeds 180 days; or
(ii) those SFTs have an open maturity and remain outstanding 180 days after that date;
(b) are concluded on or after the relevant date of application referred to in point (a) of Article 33(2).
The SFTs referred to in point (a) of the second subparagraph shall be reported within 190 days of the relevant date of application referred to in point (a) of Article 33(2).