In order to facilitate adherence with trade reporting requirements for in-scope derivatives, EMIR permits counterparties to delegate the reporting of their trades to the other counterparty. Since Brexit, there is EU EMIR for EEA entities, and UK EMIR for UK entities. In the EU, the regulator is the European Securities and Markets Authority (ESMA) for EU EMIR, supported by individual country’s National Competent Authorities (NCAs); and the regulator for the UK is the Financial Conduct Authority (FCA).
To help our clients to meet their reporting obligations, HSBC offers a Delegated Reporting Service. The HSBC Delegated Reporting Service applies to relevant derivative transactions entered into between your EEA and UK entities and HSBC sites.
The Delegated Reporting Service from HSBC will report in-scope trades with HSBC to the Depository Trust & Clearing Corporation (DTCC) trade repository on your behalf. The DTCC is HSBC’s trade repository of choice, and the only trade repository HSBC reports to. HSBC currently does not directly charge for the Delegated Reporting Service. However, there are indirect costs, independent of HSBC, to be incurred before you can register for this service. For example, obtaining a Legal Entity Identifier (LEI), and having access to DTCC.
ESMA and FCA expects all entities covered by EMIR to obtain a Legal Entity Identifier (LEI). Several 'Local Operating Units' or 'LOUs' provides global LEIs, which means that they are able to generate LEIs for clients from any country. It is a mandatory requirement for all counterparts to register for an LEI if they wish to use the HSBC Delegated Reporting Service AND to maintain that LEI throughout the life of the reporting service.