Category: Dodd-Frank
SBS Standalone protocol launched
ISDA yesterday launched the 2021 Security-based Swaps (SBS) Protocol, aiming to facilitate compliance with the long if not eagerly-awaited SEC SBS rules which largely come into force from 6 October 2021. The Protocol sits alongside the ISDA 2021 SBS Top-Up Protocol published on 15 March 2021. While the top-up protocol amends agreements made by adherents […]
ISDA launches SBS Protocol
ISDA has today launched the 2021 Security-based Swaps (SBS) Top-Up Protocol. The Protocol allows firms that have adhered to either the August 2012 or March 2013 Dodd-Frank protocols to incorporate new SEC rules for SBS. The first registration date, in respect of certain of the new rules is 6 October 2021, SBS dealers must resister […]
Latest final CFTC IM report published
The CFTC have published the final rule extending IM Phase 6 in today’s Federal Register. In response to the COVID-19 pandemic, the final rule extends the Phase 6 deadline by one year to 1 September 2022 and has a retrospective effective date of 9 December 2020. The final rule updates the April 2020 “final” rule […]
Increasingly IMminent
ISDA CEO Scott O’Malia recently published a post exhorting the wider industry not to fall into the trap of complacency in respect of IM compliance. While Mandy Rice Davies’ “Well he would, wouldn’t he” might spring to the more flippant mind, the points are well made and worth underlining. On 3 April 2020, responding to […]
IM deferred by 1 year
On 3 April 2020 BCBS and IOSCO announced a one year extension to IM Phases 5 and 6. Accordingly, the revised Phase 5 deadline is 1 September 2021, Phase 6 is 1 September 2022. AANA calculation periods for each phase will also be extended by one year. AANA Period (EU) Threshold Deadline Phase 5 […]
The Volcker strip – making banking less regulated again
US regulators have disclosed the much awaited revision of the Volcker Rule that had been taken on by the Trump administration. Wall Street has undoubtedly received a huge win, but who is likely to bear the losses? The Volcker Rule was implemented after the financial crash to stop banks from engaging in proprietary trading (buying […]
IM- the breakdown (averted)
As expected, ISDA have communicated a more granular breakdown of estimates for the likely population of the new IM phases 5 and 6, via relevant working groups. These have been replicated and published by a number of third party firms. Although all the numbers are estimated, there seems to be both a lack of mathematical […]
IM Phase 5 to bifurcate
Confirming recent market rumours, BCBS\IOSCO have today announced their recommendation to stagger IM Phase 5 implementation over a two year period. An adjusted Phase 5 will apply to firms with an AANA equal to or greater than USD\EUR 50bn and less than 750bn. A new Phase 6, from 1 September 2020 to 1 September 2021, […]
CFTC nod and a wink for IM phase 5 depopulation
The CFTC’s Office of the Chief Economist (OCE) has responded to industry petitions to mitigate the widely-forecasted IM Phase 5 oncoming storm. Readers will recall the July 2018 ISDA/SIFMA white paper previewing the phase 5 population explosion and recommending various reduction strategies: Raising the in-scope AANA threshold from $8bn. to $100bn. Postponing mandatory compliance until […]
CFTC to simplify segregation
July 24th saw a unanimous approval of the CFTC’s proposal to reduce the complexity surrounding segregation of assets held as collateral in uncleared swap transactions. Under the Dodd-Frank, a swap dealer was required to notify each counterparty that they (the counterparty) possessed the right to choose whether to keep their funds in a segregated account […]