In February 2022, ISDA published the 2022 ISDA Securities Financing Transactions Definitions and related documents. The launch followed an ISDA whitepaper in October 2020 that highlighted significant opportunities for alignment between derivatives and securities financing transactions (SFTs). These documents allow parties to document stock loans, repurchase transactions and derivatives as part of a single close-out netting arrangement under an ISDA Master Agreement, confirming the enforceability of set-off rights, which enable counterparties to exchange a single net payment across products in the event of a default or termination.
The introduction of set-off rights across products has significant consequences, creating the necessary legal framework to align market practices and bring improvements across legal, accounting, risk, capital, collateral and operational processes. The impact on those functions should be carefully considered when using the ISDA SFT documents.
This paper provides an overview of the background and scope of the ISDA SFT documents, including the near-term benefits of product agnostic agreements, which allow counterparties to net settle SFTs and derivatives in the event of a default. The paper is intended to educate readers on the accounting and reporting implications under US Generally Accepted Accounting Principles and International Financial Reporting Standards. It describes the balance sheet offsetting requirements under US GAAP, where there are some exceptions to the requirement to demonstrate intent when there is a master netting agreement in place, and under IFRS, where there is a requirement to demonstrate the intention to offset in all circumstances, not just in the event of default.
The paper also provides an illustrative example of the economics and benefits of using ISDA’s SFT documentation and demonstrates the legal right to set off across products, where a dealer and customer enter into a securities lending transaction and a derivatives transaction. This example demonstrates how the economics of a single close-out provision across products with the same counterparty can provide risk management benefits.
Extrapolating on this example, the paper explores the beneficial practices that could develop as the market adopts cross product netting, such as collateral optimization. With various products subject to the same master netting agreement, and potentially the same collateral agreement, there is an opportunity to further optimize the collateral posting process by only requiring one net amount to be posted across all products with the same counterparty. More efficient posting of collateral can ultimately contribute to a more stable financial system.
Documents (1) for Accounting for Cross-product Netting
Latest
Joint Response to EBA Consultation
On August 12, ISDA and the Association for Financial Markets in Europe (AFME) responded to the European Banking Authority’s discussion paper on certain taxonomy key performance indicators (KPIs) and other aspects of the Disclosures Delegated Act under Article 8 of...
Response to JSCC on Clearing Fund Consolidation
On August 12, ISDA responded to the Japan Securities Clearing Corporation’s (JSCC) consultation on its proposal to consolidate clearing fund consumption, calculation and deposit segmentation across six clearing qualifications under the Financial Instruments and Exchange Act. ISDA members broadly support...
Response on CSDD Guidelines
On August 6, ISDA responded to the European Commission’s (EC) consultation on due diligence guidelines under the Corporate Sustainability Due Diligence Directive (CSDDD). While ISDA acknowledges that model contractual clauses can be a helpful resource for in-scope companies, there are...
Response to BoE on Extension of Settlement Hours
On August 6, ISDA responded to the Bank of England’s (BoE) consultation paper on the extension of settlement hours for RTGS and CHAPS, the UK’s high-value payment system. ISDA supports the BoE’s plan to extend RTGS and CHAPS settlement hours...
