Friday, January 31, 2014

European Commission Release: Establishing a Central Database for Secured Financing Transactions

Author: David Schwartz J.D. CPA

On January 29, 2014, the European Commission issued its long awaited proposal for the establishment of a central database for Secured Financing Transactions. This release is a part of a larger regulatory effort aimed at increasing the transparency of certain transactions in the shadow banking sector and to prevent regulatory arbitrage. The proposal aims to increase transparency in secured financing transactions, a term which is defined broadly to include repo, reverse repo, tri-party repo, securities lending transactions as well as total return swaps, collateral swaps and buy-sell transactions.

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Monday, January 6, 2014

Fed Attention Turns to Wholesale Financing Activities

A New Focus on the Risks Associated with Repos, Reverse repos, Securities Lending, and Securities Margin Lending

Author: David Schwartz J.D. CPA
In a November 22, 2013 address before the Americans for Financial Reform and Economic Policy Institute Conference, Federal Reserve Board Governor Daniel K. Tarullo outlined a potential regulatory initiative to limit short-term wholesale funding risks. As we mentioned in our November 6, 2013 post regarding Fed President William C. Dudley's concerns about tri-party repo, the Fed remains worried about the systemic risk posed by disturbances in the short-term wholesale funding market as a whole. Tarullo's speech, however, goes further than Dudely's.  Tarullo did not merely iterate the Fed's worries about the vulnerabilities created by the short term wholesale funding market, but actually outlined a regulatory framework by which the Fed may limit the systematic risks posed by short-term funding activities.
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Monday, November 11, 2013

FSB Launches Second Phase of Its Securities Lending and Repo Study

Author: David Schwartz J.D. CPA

On November 5, 2013, the Financial Stability Board (FSB) launched the second stage of its two-stage quantitative impact study on the proposed regulatory framework for securities financing transactions.  As you may recall, on August 29, 2013, the FSB published the results of the first stage of its look into securities finance.  The report, Policy Framework for Addressing Shadow Banking Risks in Securities Lending and Repos, sets out policy recommendations for addressing financial stability risks in relation to securities lending and repos. These measures formed part of an overall set of policy recommendations to strengthen oversight and regulation of shadow banking, an overview of which was published on the same date.

The second prong of the FSB's look into securities finance will be a more comprehensive quantitative assessment of the effect of the FSB's earlier haircut proposals on a broader set of firms.  The study will look into both the effects of the proposed minimum standards for methodologies used by firms in calculating their own haircuts and the numerical haircut floors to be applied to certain securities financing transactions.

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Friday, October 25, 2013

Finadium: Collateralized Commercial Paper an "Elegant" Alternative to Repo

Author: David Schwartz J.D. CPA
Is collateralized commercial paper (CCP) the the new "killer app" for liquidity? Finadium, a leading specialist research and advisory firm in the securities and investments industry, has published a a research report, "Collateralized Commercial Paper: Regulatory Arbitrage or Elegant Solution?" exploring whether innovative forms of CCP may at least in the short term take the place of repo. In this report, Finadium looks at the role that CCP is currently playing in solving funding challenges for banks and broker-dealers, and investment challenges for cash borrowers. While Collateralized CP is not brand new, new forms of CCP are effectively reworking existing structures for a new purpose. According to the paper's authors, the small but growing use of new forms of CCP "represents a new sub-category of investment product that warrants attention for its funding and regulatory opportunities, and potential for pitfalls.
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Tuesday, October 1, 2013

Repo is Far from "Unregulated"

Author: David Schwartz J.D. CPA
Repo is very much in the news lately, even coming up on the radar screen of the New York Times' Gretchen Morgenson. Morgenson penned an article in the Times' September 14, 2013 issue, After a Financial Flood, Pipes Are Still Broken, in which she worries that despite new rules on derivatives, the repo market remains largely unregulated.

And yet, for all the new regulations governing derivatives, mortgages and bank holding companies, a crucial vulnerability remains. It’s found in our vast and opaque securities financing system, known as the repurchase obligation or repo market. Now $4.6 trillion in size, it is where almost every financial crisis since the 1980s has begun. Little has been done, however, to reduce its risks. Morgenson indulges in some journalistic hyperbole to make her point, but she is not the only one concerned about the risks associated with the wholesale funding market.

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