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BCBS and IOSCO Delay Non-Cleared Margin Rules

On April 3, the Basel Committee on Banking Supervision (BCBS) and the International Organization of Securities Commission (IOSCO) published a statement to delay the implementation of the final two phases of margin requirements for non-cleared derivatives by one year due to the COVID-19 pandemic (the Statement).

The Statement notes that the final two phases of the implementation of these margin requirements for non-cleared derivatives will take place on September 1, 2022, at which point many buy-side firms with derivatives of an aggregate average notional amount exceeding €8 billion will have to comply with the rules.

The Statement also confirms that firms with derivatives of an aggregate average notional amount exceeding €50 billion will also see a delay and be subject to the requirements from September 1, 2021, one year later than originally planned.

The delays to the implementation of the rules expect to allow firms to focus resources on managing risks associated with the current market volatility caused by the COVID-19 pandemic.

The BCBS and IOSCO have published a revised version of the margin requirements to reflect these delays (the Revised Margin Document). The Revised Margin Document does not contain any other substantive changes to the margin requirements framework.

The Statement is available here, and the Revised Margin Document is available here.

©2020 Katten Muchin Rosenman LLPNational Law Review, Volume X, Number 101

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About this Author

John Ahern, Financial Attorney, London, Katten Law Firm
Partner

John Ahern, partner at Katten Muchin Rosenman UK LLP and head of the London Financial Services group, focuses his practice on banking, financial services, UK and European financial markets, and related regulations. His background in private practice and as in-house counsel at a global investment bank provides him with perspective on the unique regulatory issues facing the wholesale and private banking sectors. John advises multilateral trading facilities, broker-dealers and banks on trading, clearing and settlement as well as custody of securities—both physical and...

+44 (0) 20 7770 5253
Carolyn H. Jackson, International Attorney, Katten Muchin law firm
Partner

Carolyn Jackson is a partner in Katten Muchin Rosenman UK LLP and is a Registered Foreign Lawyer. She provides US financial regulatory legal advice to a broad range of market participants, including commercial banks, investment banks, investment managers, broker-dealers, electronic trading platforms, clearinghouses, trade associations and over-the-counter derivatives service providers.

Carolyn guides clients in the structuring and offering of complex securities, commodities and derivatives transactions and in complying with US securities and commodities laws and regulations. 

+44 0 20 7776 7625
Nathaniel Lalone, Katten Muchin Law Firm, Financial Institutions Attorney
Senior Associate

Nathaniel Lalone, a partner at Katten Muchin Rosenman UK LLP, has a broad range of experience in the regulation of financial products and financial markets, and frequently provides regulatory and compliance advice to trading venues, clearing houses and buy-side firms active in the over-the-counter (OTC) derivatives, futures and securities markets. He is actively involved in advising clients on the implementation of MiFID 2 and MiFIR in the European Union as well as the international reach of US financial services regulation. He also has significant experience with structuring...

+44 0 20 7776 7629
Neil Robson, private equity fund managers counselor, Katten Law Firm, London
Partner

Neil Robson, a regulatory and compliance partner with Katten Muchin Rosenman LLP, focuses his practice on counseling hedge and private equity fund managers and other investment advisers on operational, regulatory and compliance issues. He regularly addresses Financial Conduct Authority (FCA) and EU authorization and compliance under both the EU Alternative Investment Fund Managers Directive (AIFM Directive) and MiFID, cross-border issues in the financial services sector, market abuse, anti-money laundering and regulatory capital requirements, formations and buyouts of...

44-0-20-7776-7666