Financial Regulatory Forum

Short-selling and CDS regulation in EU: Less to nakedness than meets the eye, funds and firms argue

By Peter Elstob

LONDON/NEW YORK, March 5 (Thomson Reuters Accelus) - Regulators and market participants continue to differ fundamentally over when a credit default swap should be deemed to be uncovered, or ‘naked’, and when investors are using CDS as a legitimate hedge. If a sovereign CDS can be demonstrated to be hedging counterparty or systemic risk, it can be exempted from the provisions of the proposed European short-selling regulation, which is aimed at abusive use of sovereign CDS by financial institutions to bet against countries’ debt.

Trade bodies argue that regulators should recognize various forms of ‘proxy’ hedging, including buying CDS for the debt of countries other than the one where the institution’s exposure lies — so-called ‘cross-border’ hedging’ — and ‘tail-risk’ hedges that may or may not turn out to have been necessary over a given period. They believe that the short-selling regulation (level 1) does not ban these strategies, and they should therefore be permitted (and so qualify for exemptions) in the detailed rules (level 2) that the European Securities and Markets Authority (ESMA) is still drawing up. (more…)

New credit default swaps system to help volumes, liquidity in Asia – trade body

By Umesh Desai

HONG KONG, Dec 21 (Reuters) – Credit default swaps in Asia will now follow a standardised trading format designed to facilitate centralised clearing, improve transparency and in the long-run raise transaction volumes, a trade body said on Monday.

From Monday on, CDS or insurance-like contracts that protect against defaults and restructuring, will adopt standard coupon sizes and the payment of full first coupons, the International Swaps and Derivatives Association said in a statement.

The move follows similar changes in Europe and North America

Entities in Japan will now trade CDS with standard coupons of 25 basis points (bps), 100 bps and 500 bps and full first coupons going forward.

Europe’s derivatives sector warns on regulation

By Huw Jones
LONDON, Sept 2 (Reuters) – The trading of privately-arranged derivatives contracts must not be forced onto exchanges and there must be no penalty for choosing not to clear trades, Europe’s derivatives industry said on Wednesday.