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ISDA plans to embrace the late 20th Century (for Notices)

Often referred to as “the most important contract in the world”, the primary purpose of the ISDA MA is to allow close-out with netting. While almost innumerable legal opinions exist to give some comfort to netting, the actual mechanics of close-out have been long due a major overhaul. The 2002 update to the ISDA MA […]

 SEC “Safeguarding Proposal” looks dangerous

ISDA is in the process of responding to a request for comments on the SEC’s proposed “Safeguarding Rule for Investment Advisers (the “Safeguarding Rule”). The regulator seeks to amend the 60 years old Rule 206(4)-2 of the Advisers Act 1940, redesignating it as a new rule 223-1 under the same Act (the “Custody Rule”). Aimed […]

ISDA Urges End to Option Extension Exemptions

On the 3rd of March 2023, a follow-up letter was sent from the ISDA, the Alternative Investment Management Association (AIMA) and the Investment Association to the PRA and the BoE. This letter set out the proposal to make permanent UK EMIR temporary exemptions for certain equity options by removing initial margin and variation margin.   […]

Putting the TIGER to sleep – ISDA’s proposal for putting intragroup margin exemptions on a permanent footing

ISDA have published a letter from their CEO to HM Treasury, the FCA, and the Bank of England proposing to reform aspects of UK EMIR that touch upon intragroup exemptions. The letter, sent in December 2022, was published on 5th January 2023. ISDA’s intervention has been triggered by the lack of content touching upon EMIR […]

ISDA Definitions move post-printing press

ISDA have today published the 2021 ISDA Interest Rate Derivatives Definitions. The definitions consolidate the 70+ supplements since 2006 and incorporate the following updates: A new fallback trigger that will take effect if a party is prohibited from using a benchmark Generic fallbacks for those floating rates with no existing fallback provisions A new methodology […]

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 […]

UK EMIR- tomAto tomAHto

This year’s “transition” period has inevitably devolved into a slow game of “Chicken”- it’s yet to be seen whether it will result in a complete car crash. Whatever the extension/shadow deal/no deal final outcome; the City and financial services have been excluded from consideration. Absent any imminent prospect of equivalence decisions; ISDA has yesterday published […]

2021- Breaking Points

As a form of due diligence, I have to plough through such an amount of Fear-Uncertainty-Doubt “marketing” articles to have developed a deep dislike for the breed. That said, we thought it instructive to briefly remind readers of the 2021 Regulatory calendar, at least while some time remains to mitigate. Benchmark Reform The ISDA Fallbacks […]

ISDA release CMT Toolkit

ISDA are continuing their drive to promote document digitisation with the recent release of four electronic tools that will help firms: improve their digital documentation strategy; streamline their portfolio reconciliation and dispute resolution process; update custodial onboarding for segregated accounts. These issues were deemed priority topics by ISDA members and relevant working groups, the recently […]

Protocol starts with a bang

ISDA have today officially launched the IBOR Fallbacks and Supplement and Protocol. The supplement amends ISDA’s standard 2006 definitions for interest rate derivatives, incorporating robust fallbacks for IBOR-linked derivatives. Changes take effect on 25 January 2021, from which date the fallbacks will be included in all new cleared and OTC derivative transactions that reference the […]

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