Tuesday, October 8, 2013

EU Regulators Sign Cross-Border Hedge Fund Regulation Pact with US and Others

Author: Anonym
The European Securities and Markets Authority (ESMA) has approve cooperation agreements with seven global counterparts in five jurisdictions.  These agreements with regulators in the Bahamas, Japan, Malaysia, Mexico and the United States formalize details of cooperations in the supervision of alternative investment funds, including hedge funds, private equity and real estate funds.
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Friday, September 13, 2013

FSB Issues its Final Policy Framework on Sec Lending and Repo

Author: David Schwartz J.D. CPA
On August 29, 2013, the Financial Stability Board (FSB) issued its finalized policy framework for its securities lending and repo workstream. As part of a larger examination of shadow banking, the FSB focused on five specific areas in which policies are needed to mitigate the potential systemic risks associated with shadow banking, with one of these five areas being securities lending and repo. Following up on their November 2012 consultation paper, the FSB has issued its final Policy Framework for Addressing Shadow Banking Risks in Securities Lending and Repos. This document sets out recommendations for addressing financial stability risks in this area, including enhanced transparency, regulation of securities financing, and improvements to market structure. It also includes consultative proposals on minimum standards for methodologies to calculate haircuts on noncentrally cleared securities financing transactions and a framework of numerical haircut floors.
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Friday, September 6, 2013

A Whole New World of Collateral Optimization

Author: David Schwartz J.D. CPA
Some optimisation techniques are still taking shape due to a lack of clarity around new regulations. However, some elements must naturally precede others before it is possible to reach the next level.


Post crisis regulatory changes have had dramatic effects on the landscape of collateral management, and amplified greatly its importance from a risk management, funding cost, and operational standpoint. As a result, financial institutions across the globe are overhauling their collateral management processes to deal more effectively with the new market for collateral. Traditionally, the concept of "collateral optimization" was limited to examining what is cheapest to deliver, assigning costs to collateral assets, mapping eligibility criteria, and centralizing collateral across business lines. But as a new white paper from 4sight Financial Software points out, in the new regulatory climate and collateral marketplace, effective optimization now requires a much more dynamic and custom-made approach. According to the report entitled, 'Collateral Optimisation: Beyond Cheapest to Deliver and the Big Red Button,' authored by Martin Seagroatt, head of global marketing for 4sight Financial Software, a ‘one size fits all approach’ to collateral optimization is doomed in this environment, and effective optimisation must now be tailored to the unique strategy and business model of each firm.  The 4sight paperpaper gives an overview of the latest techniques used to optimize collateral and discusses some of the limitations of collateral optimization. It also provides a list of questions financial firms should ask when implementing a collateral optimization project.

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Friday, July 12, 2013

Board Approval Required to Take Advantage of Swaps End-User Exception

Author: David Schwartz J.D. CPA
In their latest client memo, the Blank Rome law firm alerts directors and trustees of financial firms about their role in new swaps regulations.  In particular, the firm puts public companies on notice that their boards must take action in order to take advantage of the CFTC's end-user exception.   The end-user exception for swaps frees certain swaps transactions from the new requirement that all swaps be centrally cleared.
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Friday, January 18, 2013

A Top Down Approach to Resolutions of Globally Active SIFIs

Author: David Schwartz J.D. CPA
The Bank of England and the US FDIC have issued a joint white paper, "Resolving Globally Active, Systemically Important, Financial Institutions," focusing on “top-down” resolution strategies that involve a single resolution authority applying its powers to the top of a financial group, that is, at the parent company level. The December 10, 2012 paper discusses how such a top-down strategy could be implemented for a U.S. or a U.K. financial group in a cross-border context.
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