ISDA Response to Law Commission Consultation on Digital Assets

On November 4, ISDA submitted a response to the Law Commission’s consultation on digital assets.  The response notes the importance of achieving greater legal certainty and offers feedback on the Law Commission’s proposal for the law of England and Wales to recognize “data objects” as a third category of personal property. The response highlights certain boundary issues that should be considered when developing the precise criteria for this new category, including in relation to voluntary carbon credits. The response also provides feedback on certain other questions relating specifically to the transfer and custody of digital assets.

Documents (1) for ISDA Response to Law Commission Consultation on Digital Assets

10 Years of the ISDA SIMM

As the derivatives industry prepared for the September 2016 implementation of initial margin requirements for non-cleared derivatives, one challenge stood out: counterparties needed to agree on the amount of initial margin to be exchanged. But if each firm developed its...

Expanding the Universe of Eligible VM

ISDA conducted a series of interviews with buy- and sell-side firms to understand the drivers of a growing use of non-cash assets as variation margin (VM) for non-cleared over-the-counter (OTC) derivatives and the barriers that remain to expanding the use...

ISDA Response on Hedge Accounting Guidance

On August 14, ISDA responded to an exposure draft from the Financial Accounting Standards Board (FASB). ISDA broadly supports the FASB’s proposed targeted improvements to hedge accounting, including allowing interest rate hedging of held-to-maturity (HTM) debt securities, recognizing all Secured...