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, while stressing that default fund contributions are designed to mutualize default risk and should not become a mechanism for absorbing operational or other non-default losses. The associations caution against any change to the creditor hierarchy that would result in weakening the no-creditor-worse-off safeguard.
Where clearing members or other creditors are required to bear losses or provide resources in resolution, the associations underline the importance of credible mechanisms to return value to clearing members that have contributed funds towards successful resolution. Compensation could take the form of profit-sharing arrangements where appropriate.
On partial tear-up, ISDA and FIA support commercially reasonable pricing and recognize that a pro-rata approach may often be equitable, but emphasize the importance of assessing the hedging, liquidity and contagion effects on non-defaulting members and clients.
The associations also support the BOE’s proposed resolvability outcomes but encourage greater transparency on resolvability assessments and resolution planning so clearing participants can act on reliable information rather than worst-case scenario assumptions during stress. The associations recommend that resolvability assessments explicitly address how the BOE would coordinate with third-country authorities in a UK CCP resolution – particularly when the use of recovery or resolution tools could transmit losses or disruption to financial systems outside the UK, given this is a key concern of EU authorities when considering the EU financial system’s reliance on clearing at UK CCPs.
Documents (1) for ISDA and FIA Respond to Bank of England on CCP Resolution
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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...
Joint Response on Cross-margining
On August 31, ISDA and FIA submitted a letter to the US Commodity Futures and Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) on the agencies’ joint request for comment on the implementation of portfolio margining and cross-margining...
