CPMI-IOSCO Recommends CCP Default Management Auction Practices

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
IOSCO Report: Central Counterparty Default Management Auctions-Issues for Consideration.
United States Finance and Banking

The Committee on Payments and Market Infrastructures and IOSCO (collectively, "CPMI-IOSCO") recommended practices that central counterparties ("CCPs") might consider in "the development of, and improvements to, default management auction rules, governance arrangements" and related procedures.

In the report, CMPI-IOSCO recommended, among other things, that CCPs:

  • clarify the roles and responsibilities of personnel involved in an auction process;
  • address key elements of designing an auction process (e.g., the portfolio structure and auction format, auction participation, and requirements that must be met to be able to participate);
  • take certain steps under "business-as-usual" conditions to prepare for a successful auction;
  • determine whether to allow (direct or indirect) client participation; and
  • be able to mitigate issues among CCPs that are holding concurrent auctions (particularly in the context of defaults by entities that are members of more than one CCP).

Based on a June 2019 public consultation, CPMI-IOSCO identified three areas for further work: (1) operational issues, such as means of communication and formats for auction files; (2) topics subject to "differing views," including CCP governance for default management processes, the role of traders in default management groups and the scope of client participants; and (3) practices emerging within the industry that may require additional coordination among CCPs.

Primary Sources

  1. IOSCO Report: Central Counterparty Default Management Auctions-Issues for Consideration
  2. IOSCO Press Release: CPMI-IOSCO Publish a Report on CCP Auctions

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More