SFTR: Difference between revisions

943 bytes added ,  13 July 2020
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''See also: [[Boredom heat-death]] of the universe.'' <br>
''See also: [[Boredom heat-death]] of the universe.''  
{{tag|EU}} [[Regulation on Transparency of Securities Financing Transactions and of Reuse]] ({{eureg|2015|2365|EC}}), aka the [[securities financing transactions regulation]] and colloquially {{tag|SFTR}}, is a large and pointless {{tag|EU Regulation}} which causes assuaged excitement among [[Mediocre lawyer|lawyers]] and profound ''[[ennui]]'' among everyone else.


This is the regulatory initiative that, so say some commentators, nearly caused the [[boredom heat death]] of the universe, when some well meaning industry associations produced a [[Media:SFTR-information-statement.pdf|5,000 word disclosure document]] explaining to seasoned industry professionals (whom you would think would know) what was meant by “[[title transfer]].
The grandly-titled {{tag|EU}} [[Regulation on Transparency of Securities Financing Transactions and of Reuse]] ({{eureg|2015|2365|EC}}) — to its friends the [[securities financing transactions regulation]] and around the kitchen table {{tag|SFTR}}, is a large and pointless {{tag|EU Regulation}} which causes unassuaged excitement among [[Mediocre lawyer|lawyers]] and profound ''[[ennui]]'' among everyone else.
 
{{Art 15 SFTR disclosure document}}
 
===[[Transaction reporting]]===
SFTR requires transaction reporting of [[securities financing]] arrangements. SFTR transaction reporting is different from [[EMIR]] and [[MIFID]] trade and transaction reporting — for one thing, the exact time and price of execution of a [[stock loan]] is less critical data point, seeing as either side can cancel a [[stock loan]] at any time without penalty (before or after settlement), so the time of decision to deal is moot — do you ever really become bound to trade a stock loan? Nor, really, is there a price at which you trade a stock loan, since ([[QED]]) a stock lender just delivers a share to the borrower, but keeps economic exposure to the price risk of the stock, while the borrower only takes economic exposure to a borrowed stock when (and if) the borrower [[Short selling|short sells]] it into the market — which is a different transaction (a [[cash equity]] sale), not connected to the [[stock loan]] — it is none of the lender’s business whether the borrower sells the stock or holds it — and if the borrower does sell the stock, that transaction would be covered by the EMIR transaction reporting regime (where decision to deal, price etc is important).


==={{t|SFTR}} versus {{t|EMIR}}: Regulatory Deathmatch===
==={{t|SFTR}} versus {{t|EMIR}}: Regulatory Deathmatch===
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{{sa}}
{{sa}}
*[[MiFID]]
*[[MiFID]]
*[[EMIR]]
*[[Boredom heat-death]] of the universe
*[[Boredom heat-death]] of the universe
{{ref}}