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Transatlantic tug-of-war puts European hedge funds in “impossible position”

Risk.Net – Hedge funds are calling for a change to cross-border derivatives rules before European clearing requirements come into force – arguing overseas funds of European managers will be caught in a regulatory tug-of-war. Some of these funds also fall within the scope of the US clearing regime, but are not covered by the transatlantic framework designed to resolve such conflicts, lawyers say.

“The cross-border application of US regulation puts a lot of European hedge funds in the impossible position of having to simultaneously comply with two regimes that are in some respects incompatible,” says the head of risk at a hedge fund in London. “The regulators have to do a better job of co-ordinating the implementation of these rules, otherwise, there’s going to be a lot of confusion and uncertainty when the clearing mandate becomes effective in Europe.”

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