There is mounting pressure to revisit a fundamental aspect of the IM calculation methodology. The BCBS-IOSCO 2015 framework mandates an IM determination based on a 99% VAR over a fixed 10 day liquidation horizon[1]. ISDA have published a paper by Professor Rama Cont, Chair of Mathematical Finance at Imperial College London, which advocates for a […]

With a scant 28 days until the MiFID 2 starting gun sounds, Regulatory Change managers could be forgiven for looking forward to a well-deserved rest. In reality, 3 January 2018 will actually represent the beginning of a long process of clarification, refinement and final implementation. In this slightly dispiriting context, it is not surprising that […]

As previewed by its own ECON committee, the European Parliament yesterday adopted the “final” draft of the long-awaited non-cleared margin rules under EMIR. The uncharacteristic fast-tracking has created the ironic situation in which market participants are now lobbying the Council to delay their adoption of the rules in order to avoid entry into application during […]

Yesterday marked the first test of the WGMR non-cleared margin rules in the US, Canada and Japan. Even with just over 20 banks in the initial phase, market participants were readying themselves for a rocky start to the new regime. They will not have been disappointed, the afternoon saw the CFTC step in with its […]

Introduction On 14 April 2016 ISDA published the New York law “2016 Credit Support Annex for Variation Margin (VM)” (the “NY-law VM CSA”).  Subsequently, on 29 April 2016 it published the English law “2016 VM Credit Support Annex for Variation Margin (VM)” (the “English-law VM CSA” and together with the NY-law VM CSA, the “VM […]

In yet another development driven by the remorseless exigencies of Regulatory Capital requirements, banks are looking to move currently clearing-exempted clients to cash-only CSAs. In order to bridge the pricing-gap between cash and non-cash collateralised swaps, banks are offering insurers and pension funds the option to post securities with an automatic switch to cash at […]

On 6 November 2014, ISDA released the 2014 “Standard” Credit Support Annex, available as always under English law or New York law. This new CSA is meant to coexist with the legacy 1994 CSA and the already out-of-fashion 2013 CSA published only a year ago. What was presented as a tour de force in the […]

On 14 April 2014, the Joint Committee of the European Supervisory Authorities (ESAs)[1] published a consultation paper on draft regulatory technical standards (RTS) on risk-mitigation techniques for OTC derivative contracts not cleared by a CCP under Article 11(15) of EMIR.  The consultation paper represents the beginning of the EU’s legislative process to implement the Basel […]

Introduction On 2 September 2013, the Basel Committee on Banking Supervision (“BCBS”) and the International Organization of Securities Commissions (“IOSCO”) published their long-awaited final policy document dealing with “Margin requirements for non-centrally cleared derivatives”. Scope Subject to certain exemptions discussed below, the final rules apply to financial firms and systemically important non-financial entities (“Covered Entities”) […]