ISDA Responds to CFTC on Clearing Member Funds Protection

On March 18, ISDA responded to the US Commodity Futures Trading Commission’s (CFTC) consultation on the protection of clearing member funds held by derivatives clearing organizations (DCOs), including the assets of futures commission merchants (FCMs).

ISDA proposes that the CFTC should finalize the enhanced protection for clearing member assets in connection with an intermediated DCO only, which includes multiple FCMs, unaffiliated with the DCO, as its members. Regarding a DCO providing direct clearing without multiple FCMs unaffiliated with the DCO, ISDA suggests the CFTC should wait to propose enhanced protection for clearing members’ assets, once a full assessment of the risks and complications associated with a DCO providing direct clearing has been completed. At that point it would be appropriate for the CFTC to propose a comprehensive framework to address these risks holistically. Otherwise, the current notice of proposed rulemaking would create a sense of safety for the disintermediated model, which is superficial due to the rule not creating a comprehensive safety regime for disintermediated central counterparties (CCPs), with many risks arising from such models being left unaddressed.

The response covers the positions of ISDA’s buy- and sell-side members, but it does not reflect the views of many CCPs.

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Documents (1) for ISDA Responds to CFTC on Clearing Member Funds Protection

ISDA Response to ESMA on CCP Model Validation

On April 7, ISDA responded to the European Securities and Markets Authority’s (ESMA) consultation on draft regulatory technical standards (RTS) under article 49(5) of the European Market Infrastructure Regulation (EMIR), on the conditions for an application for validation of model...