“Unlike other derivatives, FX swaps and forwards already trade in a highly-transparent, liquid and efficient market. This final determination is narrowly tailored.
Forex Swaps and Forwards Win Vital Exemption from Dodd-Frank
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FOMC Mulls Change of Tactics to Fed Funds Rate Changes
The latest Federal Reserve Open Market Committee (“FMOC”) minutes reveal serious consideration of an approach to monetary policy whereby the Fed uses quantitative triggers based on unemployment rates and inflation, as opposed to date-based thresholds, to guide its changes in the federal funds rate.
FSOC Pulls Rank and Issues Its Own Money Fund Reform Proposals
Pursuant to powers granted to it by Section 120 of the Dodd-Frank Act, on November 13, 2012, the Financial Stability Oversight Council (“FSOC”) approved proposed recommendations for the structural reform of money market mutual funds (“MMFs”).
EU Members Tinker With Short-Selling Bans, But to What Effect?
On October 19, 2012, Spain’s financial regulator the CNMV announced that it would extend its ban on short selling until October 31 and has also submitted a proposal to the European Securities and Markets Authority (ESMA) to impose a further three month ban, effective November 1, 2012.
Stricter Capital Requirements Forcing as Many as 25% to Exit the Market
Increased capital requirements are squeezing as many as 25% of financial firms out of certain business lines, according to the fourth annual survey by the Professional Risk Managers’ Association (PRMIA), which was co-sponsored by SunGard. The survey finds, among other things, that the introduction of central clearing is expected to result in lower margins, increased collateral requirements, and generally increase the cost of doing business in OTC derivatives.
SEC Proposes OTC Derivatives Reforms. Defers Cross-border Worries.
On October 17, 2012, the SEC published its long awaited proposals for new rules governing “security-based swaps.” Recognizing the considerable concern over the cross-border effect of this proposed new regime for OTC derivatives, the Commission chose to set those worries aside to be addressed more fully in a forthcoming separate release. They explain that this approach will allow market participants, foreign regulators, and others an opportunity to weigh in on the issues raised by the proposed OTC Derivatives framework as a whole.
Novel Monetary Policy Has Its Risks, But Also Its Rewards
In an October 14, 2012 address in Tokyo, Fed Chairman Ben Bernanke outlined the Fed’s near term economic outlook, and discussed in an international context the basic rationale underlying the Federal Reserve’s recent policy decisions. According to Bernanke, the outlook is for the economic recovery to proceed at a moderate pace in coming quarters, with the unemployment rate declining only gradually and inflation running less than 2%.
Proxy Advisers’ Influence on Say-on-Pay: Additional Data and Insights
Two new studies examine the influence proxy advisory services like ISS and Glass-Lewis have on the outcomes of proposals made to shareholders in firms’ annual proxies, particularly say-on-pay votes, which became mandatory for most public companies in 2011.
FSOC Taps a Novel Power to Tame Money Funds
“Both the President’s Working Group on Financial Markets and the Financial Stability Oversight Council have consistently called for the SEC to pursue additional reforms to address structural vulnerabilities in [money market funds], including unanimous recommendations in the [FSOC’s] 2011 and 2012 annual reports. The Dodd-Frank Wall Street Reform and Consumer Protection Act gives the Council both the responsibility and the authority to take action to address risks to financial stability if an agency fails to do so. (emphasis added) Accordingly, I would like the [FSOC] to consider taking a series of steps to address this challenge.”
Global Derivatives Reforms. Getting it Right the First Time.
“[G]lobal interconnections within the swap markets require cross-border regulatory cooperation and harmonization, as no one national regulator is equipped with the resources necessary to regulate comprehensively every participant in its local market nor every market in which its local institutions participate. At the same time, these global interconnections increase the potential for conflicting national implementation of regulatory reform to have adverse effects on the markets and market participants, especially if applied extraterritorially.”