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September, 2011 THE DODD-FRANK WALL STREET TRANSPARENCY AND REPORTING ACT – TITLE VII IMPACT ON OTC DERIVATIVES.

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Presentation on theme: "September, 2011 THE DODD-FRANK WALL STREET TRANSPARENCY AND REPORTING ACT – TITLE VII IMPACT ON OTC DERIVATIVES."— Presentation transcript:

1 September, 2011 THE DODD-FRANK WALL STREET TRANSPARENCY AND REPORTING ACT – TITLE VII IMPACT ON OTC DERIVATIVES

2 Dodd-Frank Act Title VII – OTC Derivatives 2 Confused About Dodd-Frank? Cant Tell Barney From Chris?

3 The Dodd-Frank Wall Street Transparency and Accountability Act will have significant impact on the regulation and transparency of OTC derivatives trading Within the many components of Dodd-Frank, Title VII impacts the OTC derivatives in five key areas: –Regulatory oversight/jurisdiction –Registration of swaps industry participants –Central clearing/elimination of counterparty risk –Execution via exchange or swap execution facility –Real-time public reporting of swaps data. Dodd-Frank Act Title VII – OTC Derivatives 3 Background – Dodd-Frank Title VII Focus – OTC Derivatives

4 Regulatory Oversight / Jurisdiction: –Dodd-Frank Title VII empowers the CFTC and SEF to oversee swaps products –The SEC will oversee security based swaps (SBS) –The CFTC will oversee everything else (e.g., credit, interest rates, commodities) –Both agencies will harmonize their rules as best as possible. Dodd-Frank Act Title VII – OTC Derivatives 4 Background (Contd) …

5 Registration of Swaps Industry Participants: –Dodd-Frank Title VII establishes several new regulatory designation for swaps industry participants: –Broker-dealers that make markets in swap products must register as Swaps Dealers (SD) with the CFTC, SEC or both, depending on what swaps products are traded –Major Swaps Participants (MSP) are firms that have substantial positions in swaps, or multiple counterparties (e.g., large asset managers). Dodd-Frank Act Title VII – OTC Derivatives 5 Background (Contd) …

6 Central Clearing / Elimination of Counterparty Risk: –Those swap products deemed by regulators to require clearing must be submitted to a Derivatives Clearing Organization (DCO) –Swaps will be guaranteed by clearinghouses to eliminate exposure to counterparty risk –Not all swaps products will be eligible for clearing –Major swaps clearing houses include: CME Clearing, ICE Clear Credit, LCH. ClearNet, Eurex Clearing, International Derivatives Clearing Group, New York Portfolio Clearing. Dodd-Frank Act Title VII – OTC Derivatives 6 Background (Contd) …

7 Execution via Exchanges or Swap Execution Facilities: –Cleared swaps transactions in the US must be traded on a registered trading venue –Registered trading venues include Designated Contract Markets (DCM), or Swap Execution Facilities (SEF) –Inter-dealer brokers, trading platform providers, exchanges and clearing houses may most likely establish a SEF designation –Platform providers and interdealer brokers that will offer SEFs include Bloomberg TradeBook, BGC, Currenex, FXALL, GFI, ICAP, MarketAxess, TradeWeb, Traditon, Tullett Prebon. Dodd-Frank Act Title VII – OTC Derivatives 7 Background (Contd) …

8 Real-Time Public Reporting of Swaps Data: –The CFTC and SEC require real-time, public reporting of transaction data for swaps traded on exchanges or SEFs that are subject to mandatory clearing requirements –Real-time reporting is expected to create improved price transparency (e.g., last sale data, swaps economic terms etc.) –Reporting must be as soon as is technologically practicable –Swap trade data will be reported to Swap Data Repositories (SDR) –CreditEx, DTCC, ISDA, TriOptima will register to become SDRs. Dodd-Frank Act Title VII – OTC Derivatives 8 Background (Contd) …

9 There are a number of aspects of Dodd-Frank Title VII that will impact operations and technology at firms that trade and clear OTC derivatives transactions: –Broker-dealers –Futures commission merchants –Asset management firms –Hedge funds –End-user organizations. Dodd-Frank Act Title VII – OTC Derivatives 9 Dodd-Frank – Operational and Technology Impacts

10 Operational and technology impacts can include: –Central clearing of OTC transactions –Bi-lateral margining of positions –Segregation of client collateral –Transaction reporting to counterparties, Swap Data Repositories, regulators –Record keeping / record retention –Execution via Swap Execution Facilities –Sales/trading – business conduct changes and compliance oversight –Legal documentation changes – client and counterparty agreements. Dodd-Frank Act Title VII – OTC Derivatives 10 D-F - Operational and Technology Impacts (Contd) …

11 Dodd-Frank – Title VII Timeline: Dodd-Frank Act Title VII – OTC Derivatives 11 D-F - Operational and Technology Impacts (Contd) … Dodd-Frank Impact AreaTimeline: Swap Dealer RegistrationQ Central ClearingQ Bi-Lateral MarginingQ / Q Transaction Reporting / Record KeepingQ Execution via SEFsQ Sales/Trading ComplianceQ / Q Legal DocumentationQ / Q2 2012

12 Dodd-Frank Act Title VII – OTC Derivatives 12 Still Confused About Dodd-Frank? Im Chris, Hes Barney ….

13 Tellefsen and Company, L.LC Dodd-Frank Act Title VII – OTC Derivatives 13 Call Us for the Roadmap


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