Clients accessing a central counterparty (CCP) via a client clearing service provider (CCSP) for over-the-counter (OTC) and exchange-traded derivatives should consider what may happen to their positions and collateral in a scenario in which the CCSP defaults.
While regulatory regimes provide for various porting mechanisms to transfer client positions to another CCSP, successful porting – of both positions and collateral – can never be guaranteed. Clients should therefore be aware of how the choice of their clearing arrangements will affect the likelihood of successful porting. Clients should also monitor the creditworthiness of their CCSP so they can proactively alter their clearing arrangements ahead of a CCSP default. This would reduce their reliance on porting mechanisms.
Clients should not rely on porting and should be mindful of what may happen if their CCSP defaults – however unlikely this might be. The successful porting of clients after the default of a CCSP can be highly uncertain and largely depends on the clients’ access to the CCP, the provisions that have been made and the local legal framework.
If required, porting can be a challenging process. If the porting of client positions is not completed within the short time window set by the CCP (defined in a matter of days or even hours), the CCP will trigger default management procedures for client positions, meaning there is a risk that clients waiting for positions to be ported might get closed out.
Click on the attached PDF to read the full paper.
Documents (1) for Raising Clients’ Awareness on Portability
Latest
Remove Bureaucracy from Cross-margin Approvals
Cross-margining programs play a critical role in financial markets. By ensuring margin requirements more closely reflect the actual risk of a portfolio of products, they reduce liquidity strain and improve market efficiency, both of which will become even more important...
Joint Response on CCP Resolution
On September 7, ISDA and FIA responded to a Bank of England (BOE) discussion paper on central counterparty (CCP) resolution. The associations support greater clarity on valuation capabilities prior to a crisis scenario and the boundary between recovery and resolution,...
Expanding Legal Agreement Coverage in the CDM
This paper examines the recent extension of the Common Domain Model (CDM)1 to represent two of the most significant, and previously undeveloped, areas of its legal agreement model: umbrella agreements and contract amendments. Umbrella agreements are widely used to document...
ISDA Omnibus Canadian Representation Letter
On September 2, ISDA published the Omnibus Canadian Representation Letter, which combines previously published representation letters drafted to assist firms in compliance with Canadian trade reporting, business conduct, regulatory margin and clearing classification rules. The Omnibus Canadian Letter is designed...
