ISDA Publishes SBS Top-Up Protocol for SEC Dodd-Frank Rules

ISDA has today launched the ISDA 2021 Security-based Swaps (SBS) Top-Up Protocol, intended to help firms comply with certain SBS rules developed by the US Securities and Exchange Commission (SEC) as part of the Dodd-Frank Act.

The new protocol builds on ISDA’s August 2012 and March 2013 Dodd-Frank protocols, which helped firms implement similar Dodd-Frank rules introduced by the Commodity Futures Trading Commission (CFTC) for swap transactions. Entities that have adhered to either of these two earlier protocols can use the SBS Top-Up Protocol to amend the terms previously included in their agreements to meet the SEC as well as CFTC requirements, leveraging the previous information exchanged and agreements established in those protocols.

The SBS Top-Up Protocol covers a variety of SEC rules, including reporting and dissemination of SBS information, business conduct standards for SBS dealers and major SBS participants, and the cross-border application of certain SBS requirements. The first deadline for registration by SBS dealers under the new SEC rules is November 1, 2021.

ISDA is also developing a separate protocol that will allow entities that haven’t adhered to the August 2012 or March 2013 Dodd-Frank protocols to amend the terms of their agreements with other adhering parties to comply with the SEC’s SBS rules. ISDA plans to make this second protocol available later this year.

In addition to these protocols, ISDA has published a US Self-Disclosure Letter that, among other things, facilitates the exchange of information between market participants to help determine whether compliance with certain SBS rules is required.

As with previous Dodd-Frank protocols, ISDA is working with IHS Markit to ensure the ISDA Amend service supports the SEC rules from the launch of the protocol. This includes making all protocol data, IDs and attestations available electronically, as well as creating a dynamic, electronic version of the US Self-Disclosure Letter that will guide respondents as they fill out the new letter.

The ISDA 2021 SBS Top-Up Protocol is open to both ISDA members and non-members. The protocol is available here.

For Press Queries, Please Contact:

Nick Sawyer, ISDA London, +44 20 3808 9740, nsawyer@isda.org

Lauren Dobbs, ISDA New York, +1 212 901 6019, ldobbs@isda.org

Joel Clark, ISDA London, +44 20 3808 9760, jclark@isda.org

Christopher Faimali, ISDA London, +44 20 3808 9736, cfaimali@isda.org

Nikki Lu, ISDA Hong Kong, +852 2200 5901, nlu@isda.org

Documents (1) for ISDA Publishes SBS Top-Up Protocol for SEC Dodd-Frank Rules

Strengthening DC Governance

The Credit Derivatives Determinations Committees (DCs) play a vital role. Without a single, industry-wide determination on whether a credit event has occurred, it simply wouldn’t be possible to clear credit default swaps (CDS), making the market less safe and less...

ISDA CSA Significant Errors Notification SOP

The ISDA CSA Notification of Significant Error or Omissions Suggested Operational Practices (SOP) considers current institutional processes and outlines suggested operational practices related to the new requirement under §26.3(2) of the Canadian Trade Repositories and Derivatives Data Reporting rules rewrite...

ISDA Paper on UPI Identifiers

On July 16, ISDA submitted a paper (UPI as the Foundation for OTC Derivatives Reporting: The Case for UPI) to the UK Financial Conduct Authority (FCA). The paper was developed to complement ISDA’s response to the FCA’s discussion paper DP24/2:...

IRD Trading Activity First Quarter of 2025

This report analyzes interest rate derivatives (IRD) trading activity reported in Europe. The analysis is based on transactions publicly reported by 30 European approved publication arrangements (APAs) and trading venues (TVs). Key highlights for the first quarter of 2025 include:...