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Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 2012
Category : Electronic
ISBN : OCLC:1125691692
Author : Mark Jickling
Publisher : Unknown
Page : 15 pages
File Size : 40,6 Mb
Release : 2010
Category : Banking law
ISBN : OCLC:664737042
The Dodd-Frank Act (P.L. 111-203) sought to remake the OTC market in the image of the regulated futures exchanges. Crucial reforms include a requirement that swap contracts be cleared through a central counterparty regulated by one or more federal agencies. Clearinghouses require traders to put down cash (called initial margin) at the time they open a contract to cover potential losses, and require subsequent deposits (called maintenance margin) to cover actual losses to the position. The intended effect of margin requirements is to eliminate the possibility that any firm can build up an uncapitalized exposure so large that default would have systemic consequences. The size of a cleared position is limited by the firm's ability to post capital to cover its losses. That capital protects its trading partners and the system as a whole. This report describes some of the new requirements placed on the derivatives market by the Dodd-Frank Act.
Author : Rena S. Miller,Kathleen Ann Ruane
Publisher : Createspace Independent Pub
Page : 28 pages
File Size : 44,9 Mb
Release : 2012-11-21
Category : Business & Economics
ISBN : 148106374X
The financial crisis implicated the over-the-counter (OTC) derivatives market as a major source of systemic risk. A number of firms used derivatives to construct highly leveraged speculative positions, which generated enormous losses that threatened to bankrupt not only the firms themselves but also their creditors and trading partners. Hundreds of billions of dollars in government credit were needed to prevent such losses from cascading throughout the system. AIG was the best-known example, but by no means the only one. Equally troublesome was the fact that the OTC market depended on the financial stability of a dozen or so major dealers. Failure of a dealer would have resulted in the nullification of trillions of dollars' worth of contracts and would have exposed derivatives counterparties to sudden risk and loss, exacerbating the cycle of deleveraging and withholding of credit that characterized the crisis. During the crisis, all the major dealers came under stress, and even though derivatives dealing was not generally the direct source of financial weakness, a collapse of the $600 trillion OTC derivatives market was imminent absent federal intervention. The first group of Troubled Asset Relief Program (TARP) recipients included nearly all the large derivatives dealers. The Dodd-Frank Act (P.L. 111-203) sought to remake the OTC market in the image of the regulated futures exchanges. Crucial reforms include a requirement that swap contracts be cleared through a central counterparty regulated by one or more federal agencies. Clearinghouses require traders to put down cash (called initial margin) at the time they open a contract to cover potential losses, and require subsequent deposits (called maintenance margin) to cover actual losses to the position. The intended effect of margin requirements is to eliminate the possibility that any firm can build up an uncapitalized exposure so large that default would have systemic consequences (again, the AIG situation). The size of a cleared position is limited by the firm's ability to post capital to cover its losses. That capital protects its trading partners and the system as a whole. Swap dealers and major swap participants—firms with substantial derivatives positions—will be subject to margin and capital requirements above and beyond what the clearinghouses mandate. Swaps that are cleared will also be subject to trading on an exchange, or an exchange-like “swap execution facility,” regulated by either the Commodity Futures Trading Commission (CFTC) or the Securities and Exchange Commission (SEC), in the case of security-based swaps. All trades will be reported to data repositories, so that regulators will have complete information about all derivatives positions. Data on swap prices and trading volumes will be made public. The Dodd-Frank Act provides exceptions to the clearing and trading requirements for commercial end-users, or firms that use derivatives to hedge the risks of their nonfinancial business operations. Regulators may also provide exemptions for smaller financial institutions. Even trades that are exempt from the clearing and exchange-trading requirements, however, will have to be reported to data repositories or directly to regulators.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 42,6 Mb
Release : 2010
Category : Electronic
ISBN : OCLC:1055251966
Author : Rena S. Miller
Publisher : Unknown
Page : 24 pages
File Size : 40,6 Mb
Release : 2012-12-26
Category : Electronic
ISBN : 145783586X
Author : Lene Powell,James Hamilton
Publisher : Aspen Publishers
Page : 938 pages
File Size : 43,9 Mb
Release : 2012
Category : Law
ISBN : 0808033387
With regulatory implementation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 well underway, it has never been more critical for counsel and their corporate clients to have a deep understanding of the implications of these regulatory changes on the banking, securities, and financial services sectors. At Wolters Kluwer Law & Business, we've created the Dodd-Frank Manual Series to identify the issues, explore the topics, and dissect the "need-to-know" regulations. Each volume in this new series, written by Wolters Kluwer Law & Business Attorney-Editors, explains issues by Title of the Act, providing a focused discussion and analysis of specific topics that will expedite your research, giving you the knowledge to confidently advise clients and ensure corporate compliance. This volume, Derivatives (Title VII), authored by Wolters Kluwer Attorney-Editors Lene Powell, J.D., and James Hamilton, J.D., LL.M., explains the extensive derivatives reform measures implemented by the Dodd-Frank Act and accompanying regulations. The authors analyze the impact on various entities, including swap and security-based swap dealers and major swap participants, designated contract markets, swap exchange facilities, and derivatives clearing organizations. They also cover new registration, reporting, and recordkeeping requirements; new product and entity definitions; protection of cleared swaps customer contracts and collateral; and more.
Author : United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs
Publisher : Unknown
Page : 132 pages
File Size : 47,7 Mb
Release : 2011
Category : Business & Economics
ISBN : MINN:31951D035511740
Author : United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs
Publisher : Unknown
Page : 100 pages
File Size : 43,8 Mb
Release : 2013
Category : Derivative securities
ISBN : MINN:31951D03670571C
Author : United States. Congress. House. Committee on Agriculture
Publisher : Unknown
Page : 228 pages
File Size : 52,6 Mb
Release : 2011
Category : Business & Economics
ISBN : UCSD:31822037826278
Author : Nathan L. Morris,Philip O. Price
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2011
Category : Financial institutions
ISBN : 1613241011
Beginning in 2007, U.S. financial conditions deteriorated, leading to the near collapse of the U.S. financial system in September 2008. Major banks, insurers, government-sponsored enterprises and investment banks either failed or required hundreds of billions in federal support to continue functioning. Congress responded to the crisis by enacting the most comprehensive financial reform legislation since the 1930s. The Dodd-Frank Act creates a new regulatory umbrella group with authority to designate certain financial firms as "systemically significant" and subjecting them to increased prudential regulation, including limits on leverage, heightened capital standards and restrictions on certain forms of risky trading. This book reviews issues related to financial regulation and provides brief descriptions of major provisions of the Dodd-Frank Act.
Author : United States. Congress. Senate. Committee on Agriculture, Nutrition, and Forestry
Publisher : Unknown
Page : 224 pages
File Size : 48,7 Mb
Release : 2012
Category : Business & Economics
ISBN : MINN:31951D03577309X
Author : United States. Congress. Senate. Committee on Agriculture, Nutrition, and Forestry
Publisher : Unknown
Page : 160 pages
File Size : 54,6 Mb
Release : 2012
Category : Business & Economics
ISBN : MINN:31951D03577364P
Author : Michael K. Adjemian
Publisher : DIANE Publishing
Page : 21 pages
File Size : 54,9 Mb
Release : 2011-04
Category : Business & Economics
ISBN : 9781437942576
The DF makes significant changes to Fed. regulation of the U.S. OTC derivatives markets. The act calls for swaps to be centrally cleared and traded on an exchange or execution facility and for dealers and major participants that trade these derivatives to be subject to collateral requirements. Although the act exempts certain types of swaps and traders from these clearing, collateral, and trading venue requirements in order to preserve market efficiency, all swaps will be subject to new record-keeping and reporting rules. This report reviews some important features of the new law and discuss their potential impact on agribusiness, much of which will depend on how the rules are written and implemented by regulators. This is a print on demand report.
Author : James K. Jackson,Rena S. Miller
Publisher : Createspace Independent Pub
Page : 58 pages
File Size : 49,6 Mb
Release : 2013-03-13
Category : Political Science
ISBN : 1482762145
Derivatives, or financial instruments whose value is based on an underlying asset, played a key role in the financial crisis of 2008-2009. Congress directly addressed the governance of the derivatives markets through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203; July 21, 2010). This Act, in Title VII, sought to bring the largely unregulated over-the-counter (OTC) derivatives markets under greater regulatory control and scrutiny. Pillars of this approach included mandating that certain OTC derivatives be subject to central clearing, such as through a clearinghouse, which involves posting margin to cover potential losses; greater transparency through trading on exchanges or exchange-like facilities; and reporting trades to a repository, among other reforms. In the debates over Dodd-Frank and in subsequent years, many in Congress have raised the following important questions: If the United States takes stronger regulatory action than other countries, will business in these OTC derivatives markets shift overseas? Since OTC derivatives markets are global in nature, could derivatives trading across borders, or business for U.S. financial firms that engage in these trades, be disrupted if other countries do not adopt similar regulatory frameworks? The first step in addressing these congressional concerns is to examine the degree to which other major countries have adopted similar legislation and regulation as the United States, particularly in light of commitments from the Group of Twenty nations (G-20) to adopt certain derivatives reforms. Following the financial crisis, G-20 leaders (generally political heads of state) established a reform agenda and priorities within that agenda for regulating and overseeing OTC derivatives. The G-20 as an organization has no enforcement capabilities, but relies on the members themselves to implement reforms. According to recent surveys, most members are making progress in meeting the self-imposed goal of implementing major reforms in derivatives markets. Only the United States appears to have met all the reforms endorsed by the G-20 members within the desired timeframe of year-end 2012. The European Union (EU), Japan, Hong Kong, and the United States have each taken significant steps towards implementing legislation requiring central clearing. However, in most of these jurisdictions legislation has not yet been followed up with technical implementing regulations for the requirements to become effective, according to the Financial Stability Board (FSB), which conducts the surveys. Most authorities surveyed estimated that a significant proportion of interest rate derivatives would be centrally cleared by year-end 2012, but they were less confident of progress for other asset classes. The EU appeared to be making progress in its G-20 derivatives regulatory commitments, particularly in central clearing and trade repository-reporting requirements, but at a slower pace than the United States, according to the FSB. This may be due in part to the need for legislation to be passed by individual national legislatures even when agreed broadly by the EU. As of October 2012, however, only the United States had adopted legislation requiring standardized derivatives to be traded on exchanges and electronic platforms. This report examines the G-20 recommendations for reforming OTC derivatives markets and presents the result of self-assessment surveys measuring the performance of G-20 members and some FSB members to date in meeting their commitments. The Appendix to the report presents more detailed information on the status of individual jurisdictions in implementing the G-20- endorsed reforms. The Glossary defines key international bodies and related financial terms and concepts.
Author : Curtis W. Copeland
Publisher : DIANE Publishing
Page : 92 pages
File Size : 46,7 Mb
Release : 2010
Category : Financial services industry
ISBN : 9781437943504
This report identifies provisions in the Act as a whole that either require or permit rulemaking by any federal agency, including the Board of Governors of the Federal Reserve System, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Consumer Financial Protection Bureau. Cf. p. 2.
