Isda presses Congress for passage of netting provisions
The International Swaps and Derivatives Association, the trade association for the financial risk management industry, has teamed with other key trade bodies in pressing the United States Congress to secure favourable passage of legislation on financial contract netting before it adjourns this year.
The provisions include improvement to payment risk reductions and netting provisions of the Bankruptcy Code and US bank insolvency laws. In a joint letter to Congress, Isda asserted the legal uncertainty created by the Bankruptcy Code’s treatment of financial contracts has resulted in US companies receiving less favourable credit treatment from their trading counterparties that are not subject to the US insolvency laws.
These uncertainties have been a major impediment to the adoption of cross-product netting documentation developed by the derivatives industry. Removing these uncertainties will make it easier for providers of credit to ascertain their risks, thereby assisting in providing credit to American businesses, the letter stated.
"The time to act on these provisions is now," said Robert Pickel, Isda's chief executive, in a statement. "The risk reduction benefits of the netting provisions are enormous, and we hope Congress will act to eliminate the legal uncertainty created by the Bankruptcy Code's treatment of financial contracts."
Other signatories to the letter include: American Bankers Association, ABA Securities Association, The Bond Market Association, Emerging Markets Traders Association, The Foreign Exchange Committee, Futures Industry Association, The Financial Services Roundtable, Investment Company Institute, Managed Funds Association, The New York Clearing House Association, The Options Clearing Corporation and the Securities Industry Association.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Esma won’t soften regulatory expectations for cloud and AI
CCP supervisory chair signals heightened scrutiny of third-party risk and operational resilience
BPI says SR 11-7 should go; bank model risk chiefs say ‘no’
Lobby group wants US guidance repealed; practitioners want consistent model supervision and audit
Esma supervision proposals ensnare Bloomberg and Tradeweb
Derivatives and bonds venues would become subject to centralised supervision
Industry frowns on FCA’s single-sided trade reporting efforts
Buy side warns UK attempt to ease Mifir burden may miss target; dealers aren’t happy either
One vision, two paths: UK reporting revamp diverges from EU
FCA and Esma could learn from each other on how to cut industry compliance costs
Market doesn’t share FSB concerns over basis trade
Industry warns tougher haircut regulation could restrict market capacity as debt issuance rises
FCMs warn of regulatory gaps in crypto clearing
CFTC request for comment uncovers concerns over customer protection and unchecked advertising
UK clearing houses face tougher capital regime than EU peers
Ice resists BoE plan to move second skin in the game higher up capital stack, but members approve