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Central clearing for over-the-counter contracts will undoubtedly reduce risks, but the market still has multiple regulators and multiple sets of rules for different players and for different instruments.
September 21
According to the Office of the Comptroller of the Currency,
With the Dodd-Frank Act and other new rules regarding over-the-counter derivatives now being finalized and implemented, the question arises: How will these 1,291 firms be affected? In particular, what impact will the new rules have on the 1,000-plus smaller financial institutions?
More than you might think.
True, most of these rules are directed at swap dealers and major swap participants. For example, financial institutions with more than $10 billion in assets face mandatory clearing and exchange trading requirements. According to a
However, smaller financial institutions that use derivatives to manage the risk of their businesses still face some important new requirements and need to be aware of how the law may affect their risk management strategies and activities.
For instance, under the CFTC’s proposed
Also, a
Another area of concern for financial end-users is the recordkeeping and reporting requirements. Yet another CFTC
The Dodd-Frank Act and related regulatory rulemakings affect OTC derivatives documentation by either requiring amendments to such documentation or imposing compliance requirements on market participants that must be satisfied by amending such documentation. Many end-users may be counterparties with multiple dealers. This creates significant levels of legal and administrative complexity and the potential for duplication of efforts as firms attempt to comply with the new rules.
In August, my organization, the International Swaps and Derivatives Association, launched the Dodd-Frank Protocol to address these concerns. The Protocol allows swap market participants to simultaneously amend multiple ISDA Master Agreements for the purpose of facilitating compliance with Dodd-Frank regulatory requirements, such as external business conduct rules and six others that were in final form when the Protocol was finalized. The CFTC recently extended the compliance deadline for most of the new business conduct rules from Oct. 15 to Jan. 1.
So while many Dodd-Frank rules regarding OTC derivatives certainly affect large banks, smaller banks also have a dog in this fight. As a result, it is vitally important that all stakeholders, regardless of size or sophistication, continue to voice their concerns with the implementing agencies, Congress and the general public. Affected firms must be proactive to ensure that the new regulatory regime offers them the needed flexibility to manage and mitigate their business risks.
Robert Pickel is the chief executive officer of the International Swaps and Derivatives Association.