Legal Guidelines for Smart Derivatives Contracts: Collateral

ISDA has published the third in a series of legal guidelines for smart derivatives contracts, intended to explain the core principles of ISDA collateral documentation and raise awareness among technology developers, collateral operations, risk managers and other key stakeholders of important legal and regulatory issues that must be considered when a technology solution is applied to the collateral management process.

The third paper provides guidelines to help the development and application of technology in the automation of collateral management. It describes:

  • Current challenges that exist in the collateral management process and how they can be resolved through greater automation;
  • The importance of increased standardization in creating the foundation for automated technology solutions;
  • ISDA’s strategy for developing and delivering greater standardization and digitization of ISDA collateral documentation; and
  • Existing legal standards as set out in ISDA’s collateral documentation and key points for technology developers to consider as they develop and implement new technology solutions within this legal and regulatory framework.

While the intention of this paper is not to specify or recommend any particular approach, or to address any particular technological application or project, these guidelines do suggest steps that should be taken to ensure the design and implementation of new technology solutions are consistent with existing legal and regulatory standards. It also highlights areas where further industry collaboration will be required to identify and resolve existing areas of legal and regulatory uncertainty.

Click on the PDF below to read the paper.

The first paper – Legal Guidelines for Smart Derivatives Contracts: Introduction – is available here.

The second paper – Legal Guidelines for Smart Derivatives Contracts: The ISDA Master Agreementis available here.

Documents (1) for Legal Guidelines for Smart Derivatives Contracts: Collateral

Four Directors Join ISDA Board

ISDA has announced that two directors have been elected to the ISDA board and two new directors have been appointed, as ISDA’s 40th Annual General Meeting gets underway in Boston. The newly appointed directors are: Tom Ceusters, Director and Chief...

Episode 56: Countdown to Treasury Clearing

With less than nine months to go until the first US Treasury clearing mandates come into force, BlackRock’s Tyler Wellensiek and BNY’s Nate Wuerffel discuss industry progress. Please view this page via Chrome to access the recording.

Response to Eurosystem Consultation on Appia

On April 22, ISDA responded to the Eurosystem consultation on the Appia roadmap. ISDA broadly supports the roadmap and its high level principles, while recommending that the principle on market access and integration should be expanded to explicitly address interoperability...