ISDA Launches Japanese Module for ISDA Resolution Stay Jurisdictional Modular Protocol
NEW YORK, January 5, 2017 –The International Swaps and Derivatives Association, Inc. (ISDA) today announced the launch of a Japanese jurisdictional module to the ISDA Resolution Stay Jurisdictional Modular Protocol (JMP). The new module will allow market participants to comply with Japanese regulations that require contractual stays to be included into certain financial contracts not governed by Japanese law.
The launch of the ISDA Japanese Jurisdictional Module follows the publication of a German module in June 2016 and a UK module a month earlier. Additional jurisdictional modules will be launched in due course to meet other national regulations.
The JMP was launched on May 3, 2016, and was developed in response to regulatory changes. Under a framework established by the Financial Stability Board (FSB), various national regulators are introducing requirements for certain banks in their jurisdiction to obtain consent from their counterparties for statutory stays on early termination rights to apply to financial contracts between those parties, regardless of the governing law of the contract.
These stays are among the powers available to national resolution authorities to resolve failing banks as part of their jurisdiction’s special resolution regime. While statutory stays would apply to all contracts with all counterparties governed under the law of that jurisdiction in the event a bank enters into resolution proceedings, there is some uncertainty over whether a stay would be enforceable on a cross-border basis if outstanding trades are governed by overseas law.
The Japanese module follows amendments to the Comprehensive Guidelines issued by the Japanese Financial Services Agency regarding contractual stays in financial contracts governed by non-Japanese law. The rules take effect from April 1, 2017.
The JMP and each jurisdictional module is developed by a working group of buy-side and sell-side firms and other trade associations in close cooperation with the FSB and national regulators.
Please visit the Protocol Management section of the ISDA website to read the Protocol, updates to the list of adhering firms and frequently-asked-questions documents: http://www2.isda.org/functional-areas/protocol-management/protocol/24
For Media Enquiries, Please Contact:
Nick Sawyer, ISDA London, +44 20 3808 9740, nsawyer@isda.org
Lauren Dobbs, ISDA New York, +1 212 901 6019, ldobbs@isda.org
Michael Milner-Watt, ISDA London, +44 20 3808 9727, mwatt@isda.org
Amanda Leung, ISDA Hong Kong, +852 2200 5911, aleung@isda.org
About ISDA
Since 1985, ISDA has worked to make the global derivatives markets safer and more efficient. Today, ISDA has over 850 member institutions from 66 countries. These members comprise a broad range of derivatives market participants, including corporations, investment managers, government and supranational entities, insurance companies, energy and commodities firms, and international and regional banks. In addition to market participants, members also include key components of the derivatives market infrastructure, such as exchanges, intermediaries, clearing houses and repositories, as well as law firms, accounting firms and other service providers. Information about ISDA and its activities is available on the Association’s website: www.isda.org.
Documents (1) for ISDA Launches Japanese Module for ISDA Resolution Stay Jurisdictional Modular Protocol
Latest
Marking a Milestone - IQ January 2025
It was a different time and a very different market, but 1985 remains a seminal year in the history of over-the-counter (OTC) derivatives – the year that ISDA was established and the very first industry standard document was published. While...
Response to FCA on SI Regime
On January 10, ISDA and the Global Foreign Exchange Division (GFXD) of the Global Financial Markets Association (GFMA) responded to questions from the UK Financial Conduct Authority (FCA) on the future of the systematic internalizer (SI) regime. In the response,...
Response to CSA on Clearing Obligation
On December 19, ISDA submitted a response to the Canadian Securities Administrators (CSA) consultation on proposed amendments to the clearing obligation in Canada. The CSA invited comments on the proposed amendments and on the specific question set out in Annex B...
Derivatives Regulations and Usage in Japan
Japan’s regulatory landscape has generally been supportive of derivatives use by various segments of the buy side. While there are some guidelines on the purposes for which derivatives can be used by certain entities, which are not unique to Japan,...