Shearman & Sterling LLP | FinReg | EU Considering Further Delaying Securities Settlement Discipline Rules to 2022
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  • EU Considering Further Delaying Securities Settlement Discipline Rules to 2022


    The European Securities and Markets Authority has announced that it is preparing new Regulatory Technical Standards to further postpone the securities settlement discipline rules under the Central Securities Depositories Regulation. The move follows a request from the European Commission for ESMA to consider whether a further delay is needed in light of the impact of COVID-19. The Commission has adopted the draft RTS prepared by ESMA that will delay the application date of the settlement discipline rules from September 13, 2020 to February 1, 2021. Those RTS are now subject to scrutiny by the European Parliament and Council of the European Union and will only come into force once published in the Official Journal of the European Union. ESMA's announcement relates to a proposal for an additional delay until February 2022.

    The securities settlement discipline rules cover measures for preventing settlement fails through automated matching, a hold and release mechanism and partial settlement as well as measures for monitoring and addressing settlement fails, such as a mechanism for cash penalties and a buy-in process.

    View ESMA's announcement.

    View the letter from the European Commission.

    View details of the draft RTS delaying the settlement discipline rules to February 2021.

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    TOPICS: COVID-19Securities