Regulatory initial margin: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 6: Line 6:
In the old world, {{csaprov|Independent Amount}}s were transferred outright to the Transferee, by title transfer.<ref>Under an [[English law]] {{csa}}, at any rate. But the effect was the same where [[rehypothecation]] was allowed under a {{1994csa}} too.</ref> This created a conceptual issue for regulators, who were trying to ''minimise'' credit exposure between the parties: a [[title transfer]] of [[collateral]] to cover a potential {{vmcsaprov|Exposure}} that doesn’t yet — and might never — exist creates a ''negative'' exposure, because the holder of the {{csaprov|Independent Amount}} would ''owe'' it to the {{csaprov|Transferor}}, and the Transferor would be an unsecured creditor for its return. Hence, [[regulatory initial margin]] cannot be [[cash]], and must be [[Pledge|pledged]] and not [[title transfer]]red.
In the old world, {{csaprov|Independent Amount}}s were transferred outright to the Transferee, by title transfer.<ref>Under an [[English law]] {{csa}}, at any rate. But the effect was the same where [[rehypothecation]] was allowed under a {{1994csa}} too.</ref> This created a conceptual issue for regulators, who were trying to ''minimise'' credit exposure between the parties: a [[title transfer]] of [[collateral]] to cover a potential {{vmcsaprov|Exposure}} that doesn’t yet — and might never — exist creates a ''negative'' exposure, because the holder of the {{csaprov|Independent Amount}} would ''owe'' it to the {{csaprov|Transferor}}, and the Transferor would be an unsecured creditor for its return. Hence, [[regulatory initial margin]] cannot be [[cash]], and must be [[Pledge|pledged]] and not [[title transfer]]red.


This means, for most cases, third-party custodians, triparty arrangements, account control agreements, security deeds and all that kind of nonsense. Corporate trust and agency service providers sang hosannas to the regulators. [[Legasl eagle]]s licked lips. Everyone else did the side-eye.
This means, for most cases, third-party custodians, [[Tri-party collateral arrangement|tri-party collateral arrangement]]s, [[account control agreement]]s, [[security deed]]s and all that kind of nonsense. Corporate trust and agency service providers sang hosannas to the regulators. [[Legal eagle]]s licked lips. Everyone else did the side-eye.


{{sa}}
{{sa}}
Line 13: Line 13:
*[[Variation margin]]
*[[Variation margin]]
*[[Regulatory variation margin]]
*[[Regulatory variation margin]]
{{ref}}