Developing Safe, Robust, and Efficient Derivatives Markets in China

China’s capital markets, one of the largest in the world, have experienced significant growth and development over the past decade, with Chinese regulators introducing multiple measures aimed at developing stable, liquid and efficient capital markets that support the domestic real economy and attract foreign investment.

The development of a safe, robust and efficient derivatives market in China is an integral building block in achieving this policy objective.

In recent years, the Chinese government has taken major steps to support the development of the derivatives market through implementing regulatory and legislative reforms, broadening derivatives use cases and market access, and enhancing market infrastructure. Of particular significance is the Draft Futures and Derivatives Law, which was introduced for second reading at the Standing Committee of the National People’s Congress in October 2021. The draft legislation introduces a comprehensive legal framework for the operation of futures and over-the-counter derivatives markets in China.

Crucially, the Draft Futures and Derivatives Law represents a seminal milestone for the derivatives market as it represents the first step in China’s legislative history to expressly acknowledge the enforceability of close-out netting at a national law level. This is an important step forward for China’s derivatives market, as close-out netting is the single most important mechanism for the reduction of credit risks associated with derivatives contracts, and netting enforceability is an indispensable foundation for safe and efficient derivatives markets.

As China continues to liberalize its financial markets, recognition of netting will remove a major barrier to international participation, supporting the development of liquid and efficient capital markets. If the legislation passes – with provisions clarified to provide for legal certainty of close-out netting and enforceability of financial collateral – the next step will be for key policy-makers and market participants to consider the further developments that are necessary or beneficial to promote a robust and efficient derivatives market in China.

To that end, ISDA has commissioned the Boston Consulting Group to develop this whitepaper to provide insights and recommendations for further development of China’s onshore derivatives market.

Click on the attached PDFs to read the whitepaper (English and Chinese translation available).

Industry Report under Project Guardian

ISDA and Ant International led the Project Guardian FX industry group to develop a new report for implementing tokenised bank liabilities and shared ledger in cross-border payments and foreign exchange (FX) settlement. The joint report is produced under the Monetary...

Joint Paper on UK EMIR Reform

On July 1, ISDA and UK Finance published a paper, which recommended a set of reforms for the UK European Market Infrastructure Regulation (UK EMIR), carefully considering each EU EMIR 3.0 reform and asking whether we would wish to adopt...

Response to FCA on UK EMIR Reporting

On June 30, ISDA submitted a response to chapter 5 of the UK Financial Conduct Authority’s (FCA) quarterly consultation CP25/16 on trade repository reporting requirements under the UK European Market Infrastructure Regulation (UK EMIR). Chapter 5 proposes ‘Amendments to the...