ISDA Provides Guidance on Post-Brexit Financial Services for UK Market Participants

ISDA provided guidance on post-Brexit cross-border financial services for UK market participants.

In a series of FAQs, ISDA addressed several post-Brexit issues, including:

  • contractual points under ISDA Documentation;

  • choice of law, jurisdiction and recognition of judgments;

  • insolvency proceedings concerning either a UK entity or an entity that has been incorporated in an EU member state;

  • access to the EU financial markets;

  • the onshoring of European Market Infrastructure Regulation requirements in the UK;

  • collateral arrangements under the Financial Collateral Directive;

  • the Settlement Finality Directive;

  • the Bank Recovery and Resolution Directive;

  • amendments to the ISDA Master Agreement and transfers of existing contracts; and

  • the EU Benchmark Regulation and cross-border access to benchmarks.

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