The trading of derivatives, largely privately negotiated and traded, is going through significant transformation, in what constitutes the biggest financial regulatory revamp since the 1930s. In recent years, derivatives have constituted huge profit machines at institutions like Bank of America, Citigroup, Goldman Sachs, JP Morgan and Morgan Stanley, which control 90% of all such contracts. In response to the global financial crisis and subsequent recession, authorities on both sides of the ocean passed the Dodd-Frank Wall Street Reform and Consumer Protection Act and the European Market Infrastructure Regulation (EMIR), the most significant pieces of financial regulation since the Great Depression; both have particular significance for OTC derivatives trading and market participants.
On December last year, the European Commission adopted technical standards produced by the Paris-based European Securities and Markets Authority (ESMA), which seek to implement parts of the European Market Infrastructure Regulation (EMIR), including stricter standards for central counterparties (CCPs). Last May, US regulators from the Commodity and Futures Trading Commission (CFTC) announced changes in the way that commodities are traded in a bid to help strengthen the financial system. Now investment companies have to receive price quotes from a minimum of two banks, potentially giving smaller banks and investment houses the chance to go into the market and increase competition. Moreover, many types of derivatives that have traded exclusively in private must now shift to a regulated trading platform. The platforms, known as Swap Execution Facilities (SEFs), will open a rare window into the somewhat secretive world of derivatives trading.
Following the entry into force of these regulations, market participants are dealing with a complex list of requirements to be fulfilled at different deadlines in the coming months. For market participants, the key challenge will be to meet the central clearing and trade reporting obligations, while regulators strive to ensure consistency with foreign jurisdictions so as to limit the unintended effects of extraterritoriality.
Golden Networking is pleased to host Derivatives Trading Forum 2013, “Global Implementation of Regulatory Reform in the $640 Trillion OTC Derivatives Market” (http://www.derivativestradingforum.com), in the midst of a regulatory whirlwind that has the market in a swirl. Derivatives Trading Forum 2013, taking place in New York City, London, Chicago, Singapore, and Frankfurt, aims at critically reviewing recent regulatory developments and identifying opportunities and challenges in the implementation process, which may influence its full entry into force in America, Europe, and Asia. This recent regulation, with its implementing rules, will certainly reshape OTC derivative markets and produce structural changes in the financial industry, with effects on the real economy.
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