Wednesday, February 6, 2013

Coordination is Key, Says RMA of FSB Repo and Sec Lending Proposals

Author: David Schwartz J.D. CPA
The Risk Management Association's Committee on Securities Lending has filed a 40-page response to the Financial Stability Board's recent whitepaper on shadow banking, focusing on its recommendations regarding securities lending and repo.  The January 14, 2013 comment letter represents the views of the RMA and major participants in the agency securities lending markets like BNY Mellon, BlackRock, Citigroup, Northern Trust, State Street, and others. Though applauding the FSB's thorough and thoughtful analysis of the topic, the RMA's comment letter reminds the FSB that securities lending is already a highly regulated industry in the U.S. and Europe, and urges coordination with existing and developing reform efforts.  
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Wednesday, January 30, 2013

When it Comes to Swaps, Futurization Means Innovation

Author: David Schwartz J.D. CPA
“Given the inconsistency in the Commission’s interpretation of its own rules, the lack of regulatory certainty and the increased cost of compliance with the Commission swaps regulations, including the complicated and controversial swap dealer definition rules, swap customers have turned to futures markets for regulatory certainty. ICE will become the first exchange to take such a step ahead of new financial regulations, but I suspect they will not be the last.”
--CFTC commissioner Scott O’Malia, September 27, 2012

As new regulations under Dodd-Frank move swaps from the OTC swaps marketplace into the futures marketplace, exchanges and swap participants have come up with new products that trade as futures, but provide the benefits of swaps transactions. They have also begun to devise swap products that are custom designed, and therefore ill-suited to exchange trading and clearing, and thus are exempt from the new regulations.  Futurization, the movement of swaps from the OTC derivatives marketplace into the futures marketplace, has not led to the end of swaps, but to a small renaissance of financial innovation.

  
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Thursday, January 24, 2013

High Frequency Trading Once Again Has Congress's Attention

Author: David Schwartz J.D. CPA
High frequency trading is once again in the sights of Congress.  The use of sophisticated computer algorithms to trade securities on a rapid basis at speeds far beyond the capabilities of human beings garnered much attention in the wake of the 2010 Flash Crash, as well as the more recent BATS IPO and Knight Capital fiascos.  But, with a new Congress in session, legislators have indicated that they will be taking a fresh look at curbing, or even prohibiting, high frequency trading.  Though there is much disagreement about to what extent high frequency trading exacerbates market volatility, the signals coming from two House committees suggest that legislation or regulation of the activity is on its way.
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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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Wednesday, January 16, 2013

EC Crosses the Rubicon into Regulation of OTC Derivatives and Investment Advisers

Author: David Schwartz J.D. CPA
On December 19, 2012, the European Commission adopted technical standards on the European Markets Infrastructure Regulation (EMIR) as well as a Delegated Regulation supplementing the Directive on Alternative Investment Fund Managers (AIFMD) (called "Level 2 measures").  These two measures have been under formulation and consideration since 2010, and the technical standards adopted on December 19 meet important preconditions to implementing EMIR and AIFMD throughout all EU member countries.
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