Isda 27th Annual General Meeting Chicago 2012
To mark the 27th Isda annual general meeting, we consider some of the key regulatory challenges facing market participants – clearing across borders, the extraterritorial implications of Dodd-Frank, the need for a consistent application of Basel III and the introduction of a new standard credit support annex
From the moment this year’s International Swaps and Derivatives Association annual general meeting gets under way in Chicago on April 30, the industry will have just 35 weeks until the deadline set by the Group of 20 nations for all standardised over-the-counter derivatives to clear through central counterparties (CCPs). Given this deadline was agreed in September 2009, no one can claim they haven’t been given enough warning. Nonetheless, regulators are scrambling to get their rules out the door in time, and there is strong consensus the deadline will not be met in all jurisdictions.
In Europe, for instance, the final text of the European Market Infrastructure Regulation was only agreed in February, and was approved by the European Parliament at the end of March. The European Securities and Markets Authority (Esma) now has until September to write technical guidelines on everything from the products that will be captured by the mandatory clearing obligation to CCP margin requirements. Esma has made an early and aggressive start, and some European regulators remain confident the deadlines will be met – but it’s going to be tight.
Still, missing the deadline is not necessarily the worst thing that could happen, especially if it means coming up with regulation that is globally consistent. As it stands, there is real uncertainty as to how the various strands of regulation will tie together. Certain elements of the Dodd-Frank Act are unique to the US – the so-called swaps push-out clause and the Volcker rule, for instance. The rules also appear to have an extraterritorial reach, meaning non-US entities may have to comply with parts of Dodd-Frank alongside their own home-country regulations.
Regulators say they are co-ordinating closely with their peers in other countries to eliminate the largest inconsistencies, and hopefully develop a system of mutual recognition. Meanwhile, various bills are working their way through the US Congress that would – if passed – eliminate some of the unique elements of Dodd-Frank and limit its extraterritorial reach. But this will all take time to work through.
US regulators have already delayed implementation of parts of Dodd-Frank once. There is no shame in others following suit if it means the obvious problems are ironed out before implementation.
In this special Risk supplement to mark the 27th Isda annual general meeting, we consider some of the key regulatory challenges facing market participants – clearing across borders, the extraterritorial implications of Dodd-Frank and the need for a consistent application of Basel III. We also examine one of the landmark documentation changes from Isda this year – the introduction of a new standard credit support annex.
Nick Sawyer
Editor-in-chief, Risk
Click on the links below to read the stories from the Isda AGM supplement.
Further reading
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Market doesn’t share FSB concerns over basis trade
Industry warns tougher haircut regulation could restrict market capacity as debt issuance rises
FCMs warn of regulatory gaps in crypto clearing
CFTC request for comment uncovers concerns over customer protection and unchecked advertising
UK clearing houses face tougher capital regime than EU peers
Ice resists BoE plan to move second skin in the game higher up capital stack, but members approve
ECB seeks capital clarity on Spire repacks
Dealers split between counterparty credit risk and market risk frameworks for repack RWAs
FSB chief defends global non-bank regulation drive
Schindler slams ‘misconception’ that regulators intend to impose standardised bank-like rules
Fed fractures post-SVB consensus on emergency liquidity
New supervisory principles support FHLB funding over discount window preparedness
Why UPIs could spell goodbye for OTC-Isins
Critics warn UK will miss opportunity to simplify transaction reporting if it spurns UPI
EC’s closing auction plan faces cool reception from markets
Participants say proposal for multiple EU equity closing auctions would split price formation