News
Basel Issues Revisions to Its Securitization Framework
The Bank for International Settlements has issued a second consultative paper on revisions to the Basel securitization framework. Following on their December 2012 proposal paper, this December 19, 2013 paper comprises a detailed set of proposals, including draft standards text, for a comprehensive revision of the treatment of securitisation within the risk-based capital framework.
IOSCO Releases Regulatory “Toolkit” for Retail Structured Products
On December 30, 2013, the International Organization of Securities Commissions (IOSCO) published the final report on Regulation of Retail Structured Products, which provides a toolkit outlining regulatory options that securities regulators may find useful to regulate retail structured products. The toolkit was developed in response to to concerns from IOSCO members about the regulatory challenges these products pose, especially investor protection. In the aftermath of the Lehman bankruptcy, a number of regulatory approaches have been proposedto end irresponsible selling practices, rebuild investor confidence, improve overall transparency, and simplify unnecessary complexity.
Fed Gives Foreign Banks Parity with US Banks Under Swaps Push Out Rule
On June 5, 2013, the Federal Reserve Board issued interim final rules that grant foreign banks’ uninsured US branches and agencies access to the same swaps push out rules exemptions, transition period, and grandfathering provisions applicable to insured depository institutions.
ESMA Issues a Q&A on UCITS and ETF’s, But Sec Lending Questions Remain
Based on the European Securities and Markets Authority’s (ESMA’s) UCITS guidelines, which became effective in February, it was initially feared that asset managers would be required to return all revenues from securities lending to investors. Responding to these and other concerns about its UCITS and ETF guidance, ESMA issued a “frequently asked questions” document on April 12. These new answers, however, did not answer fully the concerns raised about securities lending, and left serious gaps in how the new guidelines are to be applied.
Are Money Market Funds the Banking System’s Achilles Heel?
The systematic effect of money market funds on the wider financial system is a topic of hot debate, with finance ministers, regulators, and standard setting bodies all over the globe weighing in. The New York Federal Reserve Bank is the latest to do so, asking “does money market fund intermediation make the banking system inherently unstable?”
Board Approval Required to Take Advantage of Swaps End-User Exception
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.
Do Complex Systems Need Complex Regulation?
Does a complex and ever changing financial system require a complex and ever changing system of regulation? History has taught us over and over again that it is not credible to argue that the financial system should be unregulated.
New Multi-Agency Volker Rules Receive Mixed Reactions
On December 10, 2013, five federal agencies issued final rules developed jointly to implement section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Volcker Rule”). The final Volker Rules prohibit FDIC insured depository institutions and companies affiliated with insured depository institutions from engaging in short-term proprietary trading of certain securities, derivatives, commodity futures and options on these instruments, for their own account.
Global Bank Supervisors Call for Uniform Derivatives Contract Language
In a joint letter issued on November 5th, the FDIC, Bank of England, German Federal Financial Supervisory Authority, and Swiss Financial Market Supervisory Authority requested that the International Swaps and Derivatives Association adopt language in derivatives contracts to delay the early termination of those instruments in the event of the resolution of a global systemically important financial institution.
Specifically, the four resolution authorities are concerned with the cascading effects these derivatives contract termination rights and other remedies may have in the event of the insolvency of a major global counterparty.
FSB Launches Second Phase of Its Securities Lending and Repo Study
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.