The Law and Regulation of Central Counterparties

Author: Jiabin Huang

Publisher: Bloomsbury Publishing

ISBN: 1847316093

Category: Law

Page: 225

View: 3414

The Law and Regulation of Central Counterparties provides a detailed analysis of the legal and regulatory aspects of Central Counterparties (CCPs) with an introduction to their role and functions in modern financial markets. The book begins by describing in detail basic elements of modern post-trade infrastructure, exploring the modern functional and operational aspects of CCPs in the markets. It moves on to discuss the relationships between CCPs and their members, and clients of clearing members as non-members, legal issues concerning collateralisation, netting and set-off, and default arrangements that are primarily embedded in the form of the rules and regulations of CCPs. With regard to regulatory issues, the book examines the regulatory framework with reference to the UK and the EU. As to the case for a single CCP for various different types of markets, the analysis covers the advantages and disadvantages of CCP clearing and carries out an assessment of the risks and benefits of a single multi-market CCP.

Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 3

Financial Products, Financial Services and Financial Regulation

Author: Jan H Dalhuisen

Publisher: A&C Black

ISBN: 1782252150

Category: Law

Page: 814

View: 8616

This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work has been divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field." American Journal of Comparative Law "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..." International and Comparative Law Quarterly

Research Handbook on International Financial Regulation

Author: Kern Alexander,Rahul Dhumale

Publisher: Edward Elgar Publishing

ISBN: 0857930451

Category: Law

Page: 464

View: 5484

The globalisation of financial markets has attracted much academic and policymaking commentary in recent years, especially with the growing number of banking and financial crises and the current credit crisis that has threatened the stability of the global financial system. This major new Research Handbook sets out to address some of the fundamental issues in financial regulation from a comparative and international perspective and to identify some of the main research themes and approaches that combine economic, legal and institutional analysis of financial markets. Specially commissioned contributions represent diverse viewpoints on the financial regulation debate and cover a number of new and controversial topics not yet adequately addressed in the literature. Specifically, these include; financial innovation particularly in the context of the credit risk transfer market, securitization and the systemic importance of the over-the-counter trading markets; the institutional structure of international financial regulation; and risk management and corporate governance of financial institutions. This Handbook will provide a unique and fully up-to-date resource for all those with an interest in this critical issue including academic researchers in finance and regulation, practitioners working in the industry and those involved with regulation and policy.

Regulating Financial Derivatives

Clearing and Central Counterparties

Author: Alexandra G. Balmer

Publisher: Edward Elgar Publishing

ISBN: 1788111923

Category: Business & Economics

Page: 256

View: 8454

This book puts forward a holistic approach to post-crisis derivatives regulation, providing insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the implications that post crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. The author offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post crisis reforms.

The Consequences of the Global Financial Crisis

The Rhetoric of Reform and Regulation

Author: Wyn Grant,Graham K. Wilson

Publisher: Oxford University Press

ISBN: 0199641986

Category: Business & Economics

Page: 272

View: 1267

Systematically exploring the consequences of the global financial crisis, this text focuses primarily on the impact on policy and politics. It asks how governments responded to the challenges that the crisis has posed, and the policy and political impact of the combination of both the crisis itself and these responses.

European Union

Publication of Financial Sector Assessment Program Documentation—Technical Note on Cross-Border Issues, Central Counterparties, and Central Securities Depositories

Author: International Monetary Fund. Monetary and Capital Markets Department

Publisher: International Monetary Fund

ISBN: 1475562063

Category: Business & Economics

Page: 24

View: 1029

The analysis focuses on the effectiveness of the regulatory, supervisory, and oversight frameworks for central counterparties (CCPs) and central securities depositories (CSDs) in the European Union (EU) as these are essential for financial stability. Cooperation between authorities within and outside the EU is critical to reduce the risks related to the cross-border nature of clearing and settlement within the EU. In this context, crisis management arrangements among EU authorities are of key importance to adequately fulfill the various responsibilities that authorities may have in relation to CCPs and CSDs in crisis situations.


Financial Sector Assessment Program-Detailed Assessment of Observance on Eurex Clearing AG Observance of the CPSS-IOSCO Recommendations for Central Counterparties

Author: International Monetary Fund

Publisher: International Monetary Fund

ISBN: 1463975597

Category: Business & Economics

Page: 43

View: 6975

Eurex has a sound, transparent, and enforceable legal basis to address the legal risks related to its activities. Eurex is regulated and supervised as a bank. Its clearing activities are governed by a consistent and solid set of laws, regulations, rules, and instructions. Eurex has a comprehensive risk management framework composed of objectives, measures, and tools defined at the level of Eurex and that of the Deutsche Börse Group (DGB). Eurex regularly reviews its pricing, service, and capacity level, and is regulated and supervised by several authorities.

Central Counterparties

Mandatory Central Clearing and Initial Margin Requirements for OTC Derivatives

Author: Jon Gregory

Publisher: John Wiley & Sons

ISBN: 1118891589

Category: Business & Economics

Page: 328

View: 5602

Practical guidance toward handling the latest changes to the OTCderivatives market Central Counterparties is a practical guide to centralclearing and bilateral margin requirements, from one of theindustry's most influential credit practitioners. With up-to-dateinformation on the latest regulations imposed after the globalfinancial crisis, this book covers the mechanics of the clearingprocess and analyses the resulting consequences. Detaileddiscussion explains the ways in which the very significant clearingand margining rules will affect the OTC derivatives market and thefinancial markets in general, with practical guidance towardimplementation and how to handle the potential consequences. Over-the-counter derivatives were blamed by many for playing amajor role in the 2007 financial crisis, resulting in a significantattention and dramatic action by policymakers, politicians, andregulators to reduce counterparty credit risk which was seen as amajor issue in the crisis. The two most important regulatorychanges are the mandatory clearing of standardised OTC derivatives,and the requirements for bilateral margin posting in non-standardOTC contracts. Central Counterparties is a completereference guide to navigating these changes, providingclarification and practical advice. Review the mitigation of counterparty credit risk with thehistorical development of central clearing Clarify the latest regulatory requirements imposed byDodd-Frank, EMIR, Basel III and more Learn the mechanics of central clearing, with special attentionto complex issues such as margin calculations, the loss waterfall,client clearing and regulatory capital rules Gain insight into the advantages and disadvantages of clearingand bilateral margin requirements, and the potential issues thatarise As the clearing and margining mandates are phased in, theassociated costs will be severe enough to dramatically shift thetopology of the financial markets and transform the nature of risk.Central Counterparties provides the information,clarification and expert insight market practitioners need to getup to speed quickly.

The Economics of the Global Stock Exchange Industry

Author: J. Floreani,M. Polato

Publisher: Springer

ISBN: 1137321830

Category: Business & Economics

Page: 277

View: 7304

This book is an economic analysis of the stock exchange industry. The authors draw on theories from micro- and industrial economics to provide a detailed analysis of the industry structure, the strategic behaviour of key participants and the performance of stock exchanges.

Russian Federation

Detailed Assessment of Observance of IOSCO Objectives and Principles of Securities Regulation

Author: International Monetary Fund

Publisher: International Monetary Fund

ISBN: 1475564759

Category: Business & Economics

Page: 88

View: 5125

This assessment reviews the regulatory framework in place for the oversight of the capital markets of the Russian Federation as of June 2011. The Russian securities markets, in particular, have been volatile, reflecting the inflow and outflow of money and the crisis. Foreign investment banks report that US$20 billion of foreign investment exited the markets during the first quarter of 2011. This volatility is continuing, and is reflected in the changes in market capitalization in relation to GDP.

Financial Sector Assessment

A Handbook

Author: World Bank Group,World Bank,International Monetary Fund

Publisher: World Bank Publications

ISBN: 9780821364321

Category: Business & Economics

Page: 459

View: 4949

The Handbook presents an overall analytical framework for assessing financial system stability and developmental needs, providing broad guidance on approaches, methodologies, and techniques of assessing financial systems. Although the Handbook draws substantially on World Bank and IMF experience with the Financial Sector Assessment Program (FSAP) and from the broader policy and operational work in both institutions, it is designed for generic use in financial sector assessments, whether conducted by country authorities themselves, or by World Bank and IMF teams.

Italy: Technical Note on Financial Risk Management and Supervision of Cassa Di Compensazione e Garanzia S.P.A.

Author: International Monetary Fund. Monetary and Capital Markets Department

Publisher: International Monetary Fund

ISBN: 1475533527

Category: Business & Economics

Page: 37

View: 5245

This Technical Note analyzes financial risk management and supervision of Cassa Di Compensazione e Garanzia S.P.A. (CC&G) in Italy. CC&G, the Italian central counterparty (CCP), is systemically important for the Italian market, and through the link with the French CCP, it is also relevant in terms of cross-border financial stability. CC&G’s financial risk management framework is being improved further to comply with European Market Infrastructure Regulation (EMIR) requirements. The main changes that CC&G needs to implement include higher “skin in the game” resources, the introduction of concentration limits on collateral, the reform of its liquidity management and of its investment policy, and introduction of individual client account segregation.

Central Counterparties: Addressing their Too Important to Fail Nature

Author: Froukelien Wendt

Publisher: International Monetary Fund

ISBN: 1498353983

Category: Business & Economics

Page: 25

View: 6444

Central counterparties (CCPs) can offer significant benefits to a market. However, CCPs are also highly interconnected with financial institutions and markets and therefore too important to fail. The increased volumes cleared through CCPs and their increasing global scope, in particular in the OTC derivatives market, make it even more important that systemic risks related to CCPs are managed. This paper argues that the current set of international policy measures does partly address these risks, but that alternative policy measures are needed to reduce remaining systemic risks. For example, the paper recommends network analysis to be conducted by CCPs and authorities to gauge potential losses and suggests a common international approach to central bank services to help reduce the dependency of CCPs on services provided by commercial banks.


Detailed Assessment of Observance of International Organization of Securities Commissions (IOSCO) Objectives and Principles of Securities Regulation

Author: International Monetary Fund

Publisher: International Monetary Fund

ISBN: 1475551649

Category: Business & Economics

Page: 92

View: 4581

A detailed assessment on the observance of Mexico’s compliance with International Organization of Securities Commissions objectives and principles of securities regulation is presented. The regimes governing the regulation of issuers, collective investment schemes, and secondary markets, and with respect to cooperation and information sharing, are extensive. The most significant issues regarding full implementation of the Principles fall under the Regulator Principles. Much of the activity on the Bolsa Mexicana de Valores comes from computer-driven program trading orders that are placed to take advantage of price asymmetries between markets.

Mexico: Financial System Stability Assessment Update, including Summary Assessments on the Observance of Financial Sector Standards and Codes on the following topics: The Basel Core Principles for Effective Banking Supervision, and the IOSCO Objectives a

Author: International Monetary International Monetary Fund

Publisher: International Monetary Fund



Page: 69

View: 4743

1. Mexico has been hard hit by the global crisis, essentially for reasons outside the authorities' control. Financial conditions tightened sharply following the failure of Lehman Brothers last September. At the height of the turmoil, some Mexican corporates incurred large losses on foreign currency derivatives transactions, which put substantial pressure on the exchange rate and credit spreads. As the U.S. downturn intensified-especially the collapse of industrial production which has large spillovers to Mexico-real activity weakened very sharply. Combined with still heightened financial market strains, concerns arose earlier this year over tail risks of a downward spiral as discussed in IMF Country Report No. 09/126.

The Law of Institutional Investment Management

Author: Lodewijk D. Setten

Publisher: Oceana Publications

ISBN: 0199285012

Category: Law

Page: 307

View: 830

Lodewijk van Setten is Special Counsel to Covington & Burling, the US law firm, in London. He has wide-ranging experience in advising financial institutions and institutional investors on all operational, regulatory, and legal aspects of transactions in the (secondary) financial markets, includingin areas such as investment management, custody, brokerage, and (trans)national trading, clearing, and settlement systems. In addition, he has particular experience in structuring unregulated (hedge) funds, including related repurchase/securities lending transactions and prime brokeragearrangements, and on-exchange/OTC derivative transactions. Before joining Covington & Burling, Lodewijk served as director and European Counsel for State Street Global Advisors (SSgA), the U.S. based institutional investment manager, in London. At SSgA, he was responsible for the legal support ofall aspects of SSgAs institutional investment business in Europe. Prior to joining SSgA, he worked as a banking and securities lawyer for a leading international law firm in Amsterdam. Lodewijk holds an LL.B and a Ph.D (Thesis- Private rights of action against broker-dealers and investorprotection) from the University of Utrecht (The Netherlands) and an LL.M from Duke University (U.S.), where he was a Special Staff Editor of the Duke Journal of Comparative International Law. He regularly publishes on various topics relating to transactions in the financial markets and teaches thesetopics in the graduate programme at Kings College (London), where he is a Visiting Professor. He was admitted as advocaat in the Netherlands in 1993, as attorney at law in the state of New York in 1994, and as solicitor in England and Wales in 2002.

Regulation and Supervision of the OTC Derivatives Market

Author: Ligia Catherine Arias-Barrera

Publisher: Routledge

ISBN: 1351797719

Category: Business & Economics

Page: 280

View: 2480

The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs). This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken. Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of ‘innovation risk’; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.


Financial Sector Assessment Program—Detailed Assessment of Observance of CPSS/IOSCO Recommendations for Securities Settlement Systems and for Central Counterparties

Author: International Monetary Fund. Monetary and Capital Markets Department

Publisher: International Monetary Fund

ISBN: 1484317467

Category: Business & Economics

Page: 60

View: 9708

This paper discusses key findings of the Detailed Assessment of LCH.Clearnet SA Observance of the Committee on Payment and Settlement Systems/International Organization of Securities Commission (CPSS–IOSCO) Recommendations for Central Counterparties. The findings reveal that LCH.Clearnet SA displays a high level of observance of the CPSS/IOSCO recommendations. It has a sound, coherent, and transparent legal basis. It has developed an adequate risk-management framework to address financial and operational risks. LCH.Clearnet SA governance arrangements and composition of Boards and management are well defined and adequately staffed.

Running the World's Markets

The Governance of Financial Infrastructure

Author: Ruben Lee

Publisher: Princeton University Press

ISBN: 9781400836970

Category: Business & Economics

Page: 472

View: 5138

The efficiency, safety, and soundness of financial markets depend on the operation of core infrastructure--exchanges, central counter-parties, and central securities depositories. How these institutions are governed critically affects their performance. Yet, despite their importance, there is little certainty, still less a global consensus, about their governance. Running the World's Markets examines how markets are, and should be, run. Utilizing a wide variety of arguments and examples from throughout the world, Ruben Lee identifies and evaluates the similarities and differences between exchanges, central counter-parties, and central securities depositories. Drawing on knowledge and experience from various disciplines, including business, economics, finance, law, politics, and regulation, Lee employs a range of methodologies to tackle different goals. Conceptual analysis is used to examine theoretical issues, survey evidence to describe key aspects of how market infrastructure institutions are governed and regulated globally, and case studies to detail the particular situations and decisions at specific institutions. The combination of these approaches provides a unique and rich foundation for evaluating the complex issues raised. Lee analyzes efficient forms of governance, how regulatory powers should be allocated, and whether regulatory intervention in governance is desirable. He presents guidelines for identifying the optimal governance model for any market infrastructure institution within the context of its specific environment. Running the World's Markets provides a definitive and peerless reference for how to govern and regulate financial markets.