Governor Daniel K. Tarullo spoke on "Capital Regulation Across Financial Intermediaries" at the Banque de France Conference on Financial Regulation entitled "Stability versus Uniformity; A Focus on Non-bank Actors." In the speech, Governor Tarullo remarked on the importance of relying on more than quantitative measures when establishing regulatory requirements for non-bank financial institutions. He stated that "simply deciding that an intermediary provides mostly commercial banking services or insurance products does not fully answer the question of what its capital requirement should be." As an example of a rule in which a more nuanced approach was taken, he pointed to the use of short-term wholesale funding measures in the US G-SIB surcharge requirement.

View the speech.
 

The European Securities and Markets Authority published a final report and final draft Regulatory and Implementing Technical Standards on improving securities settlement in the European Union and on Central Securities Depositories requirements. This follows from ESMA’s previously published discussion paper and consultation paper which sought views on the proposed technical standards. The final report sets out the feedback received from the consultation paper and ESMA’s proposed changes to the RTS and ITS on CSD as well as the RTS and ITS on internalised settlement. The two final draft standards on CSDs cover: (i) the authorisation and identification requirements for applicant CSDs, including forms and templates for CSDs applying for authorisation; (ii) recognition of a third-country CSD; (iii) risk monitoring rules that a CSD must establish; (iv) record keeping; and (v) general requirements for cooperation arrangements between regulators in home and host member states. The two final draft standards on internalised settlement cover: (i) templates and procedures for the reporting and transmission of information on internalised settlements; and (ii) specifications for the content of reporting on internalised settlements. The RTS on settlement discipline will become available later in a separate report, as ESMA still needs to review responses received to its more recent consultation on the operation of the buy-in process. ESMA will submit the final draft RTS and ITS to the European Commission for endorsement.

View the final report and technical standards.

The US Commodity Futures Trading Commission’s Division of Market Oversight issued a no-action letter, CFTC Letter No. 15-52, that provides additional time for reporting parties to comply with certain reporting requirements of the ownership and control final rule (OCR Final Rule). The OCR Final Rule introduces to the CFTC’s transaction and reporting program certain new and updated forms for reporting trader identification and market participant data. CFTC Letter No. 15-52 supersedes previous no-action relief issued in February 2015, and extends relief until April 2016, September 2016, or February 2017, depending on the type of reporting requirement.

View the press release.

View CFTC Letter No. 15-52.

The Bank of England announced the timetable for publication of the results of the 2015 UK stress test, which aims to evaluate the resilience of the UK banking system. The stress test covers seven major UK banks and building societies, namely Barclays, HSBC, Lloyds Banking Group, Nationwide, Royal Bank of Scotland, Santander UK, and Standard Chartered. The Financial Policy Committee and Board of the Prudential Regulation Authority will make their final decisions on the results of the stress tests on November 30, 2015 and will revert to the relevant firms on the same day. The results will then be published on December 1, 2015.

View the press release.

The European Securities and Markets Authority published a final report and final draft Regulatory and Implementing Technical Standards under the new Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation, together known as MiFID II. MiFID II applies from January 3, 2017. The 28 final draft standards cover: (i) pre- and post-transparency requirements for debt and equity securities; (ii) rules for investment firms and trading venues relating to algorithmic trading; (iii) data publication and access; (iv) requirements applying on and to trading venues; (v) the methodology for the calculation and application of position limits for commodity derivatives; (vi) when an activity is to be considered ancillary to the main business for the purposes of the commodity derivatives exemption; (vii) market data reporting and the reporting obligation; (viii) the clearing obligation for derivatives and timing for acceptance for clearing (STP); (ix) information requirements for best execution; and (x) rules for on non-discriminatory access to CCPs, trading venues and benchmarks. 

View the final report and technical standards.

The European Banking Authority published final translations of its Guidelines on common procedures and methodologies for the Supervisory Review and Evaluation Process under the Capital Requirements Directive. The Guidelines include: (i) an overview of the common SREP framework; (ii) details on how regulators are to apply the principle of proportionality in their supervisory engagements with different types of firms; (iii) overall risk management and governance arrangements; and (iv) regular monitoring of key financial and non-financial indicators for changes in financial conditions and risk profiles of firms. National regulators must notify the EBA by February 20, 2016 as to whether they comply or intend to comply with the Guidelines.

View the Guidelines.

The US Federal Reserve Board, the US Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission (the "Agencies") released two new frequently asked questions on the Volcker Rule. FAQ 17 clarifies compliance requirements for market making and the identification of covered funds. FAQ 18 relates to CEO certification for prime brokerage transactions.

View the Volcker Rule FAQs.

The US Office of the Comptroller of the Currency released its bank supervision operating plan for fiscal year 2016. Generally, the operating plan identifies the OCC's bank supervision priorities and objectives for the year and guides the development of supervisory strategies for national banks and federal savings associations. According to the plan, supervisory strategies for fiscal year 2016 will focus on: (i) business model and strategy changes; (ii) compliance; (iii) credit risk and loan underwriting; (iv) cybersecurity and resiliency planning; and (v) interest rate risk.

View the press release.

View the operating plan.

The European Securities and Markets Authority published its Opinion on the application of the International Financial Reporting Standards requirements for the recognition of contributions to Deposit Guarantee Schemes in IFRS accounts. The opinion relates to the accounting of ex-ante non-refundable cash contributions to DGSs for which the obligating event takes place at a single point in time. The Opinion states that a contribution must be recognised as an expense in full once a non-refundable cash contribution to a DGS is identified. ESMA will expect national regulators to take remedial measures if any material mis-statements are identified in the requirements. 

View the Opinion.

The Financial Stability Board convened to discuss its ongoing workplan. The FSB discussed issues including ending too-big-to-fail, transforming shadow banking into resilient market-based finance, risks associated with market liquidity and asset management activities, reducing misconduct and the prospective policies that could mitigate potential risks. Further to the FSB's consultation last year which proposed a global standard for Total Loss-Absorbing Capacity to be applied to Global Systematically Important Banks, addressing the risks of bail-outs funded by taxpayers, the FSB has now agreed the draft final principles and supports the consistent implementation of this standard. Amongst other things, the FSB has also identified areas in which it aims to conduct further detailed analysis relating to structural vulnerabilities in asset management, such as the mismatch between liquidity of fund investment and redemption terms of conditions for fund units, leverage within investment funds and securities lending activities of asset managers and funds. 

View the press release.

The European Banking Authority published an opinion on the European Commission's proposal to amend the final draft Implementing Technical Standards on additional liquidity monitoring metrics under the Capital Requirements Regulation. The metrics aim to provide regulators with a more comprehensive liquidity risk profile of a firm according to the nature, scale and complexity of its activities. The Commission had proposed for the maturity ladder templates and instructions to be removed, due to these being based on the provisional approach to reporting requirements under the CRR and so that the ITS are adapted to the new and more detailed definition of liquid assets which becomes applicable from October 1, 2015. The EBA's opinion states that the benefits of having the maturity ladder as initially proposed rather than not having a harmonised tool at all for the next two years (which is the estimated time required to update the ITS and have them adopted by the Commission and implemented by institutions) are greater. If the maturity ladder is kept in the final ITS, the EBA will proceed promptly with an updated ITS, bringing them into line with the new liquidity provisions. The EBA also supports the Commission's suggestion to amend the date of application of the ITS from July 1, 2015 to January 1, 2016. A revised draft of the ITS is included in the annex to the Opinion.

View the Opinion.

The European Securities and Markets Authority published a consultation paper on proposals for draft Regulatory Technical Standards on the European Single Electronic Format, the new format for annual financial reports, required under the Transparency Directive. The Transparency Directive requires issuers listed on regulated markets to prepare their annual financial reports in a new format from January 1, 2020. The new format aims to improve comparability and analysis for investors and regulators as well as simplify annual report submissions for issuers. The consultation paper assesses current practices and formats of annual financial reports and considers the options for harmonising the format of reports required under the Transparency Directive. ESMA is seeking views on its proposals in order to finalise draft RTS for submission to the European Commission before the end of 2016.  Comments on the consultation are due by December 24, 2015.

View the consultation.

The US Commodity Futures Trading Commissioin issued an Order filing and settling charges against TeraExchange LLC, a provisionally registered Swap Execution Facility. TeraExchange was charged for failing to enforce a prohibition on wash trading and prearranged trading on the SEF platform in connection with the SEF's offering for trade of a non-deliverable forward contract based on the relative value of the US Dollar and Bitcoin. TeraExchange is required to cease and desist from future violations regarding trade practices.

View the CFTC press release.
 

On September 23, 2015, the US Federal Reserve Board approved enhancements to its automated clearing house service that will require its receiving depository institutions to process same-day payments. Morning settlements will now be cleared by 1pm, and afternoon settlements by 5pm, according to the approved plan. Originating banks will be required to pay a 5.2 cent interbank fee to receiving banks for each same-day electronic payment. The enhancements become effective September 23, 2016.

View the press release.

The European Central Bank published a revised version of its Eurosystem Oversight Policy Framework which describes the role of the Eurosystem in oversight of payment systems. The Framework has been amended to remove the references to the Eurosystem location policy for CCPs. The revision follows the judgment of the General Court of March 4, 2015 on the UK Government's challenge of the Framework (as it then stood) and which annulled the Framework in so far as it set a requirement for CCPs to be located within the Eurozone. The Framework aimed to prevent CCPs in the European Union but outside the Eurozone from being able to have access to ECB Euro settlement facilities. Following that judgment, the ECB and the Bank of England announced that they had agreed to enhanced information exchange and cooperation arrangements for UK CCPs with significant euro-denominated business and that both central banks would extend the scope of their standing swap line order to aid the provision of multi-currency liquidity support by both central banks to CCPs established in the UK and the euro area. The ECB has also published Standards for the use of CCPs in Eurosystem foreign reserve management operations, which had been the subject of a separate legal challenge by the UK Government. The Standards would govern the use of CCPs for Interest Rate Swaps denominated in foreign currencies, aiming to limit the risks that would arise when these types of IRSs are cleared through a CCP.
 
View the revised Eurosystem Oversight Policy Framework.
 
View the ECB Standards for use of CCPs. 

The European Central Bank announced that Pedro Gustavo Teixeira will become the new Secretary to the ECB's decision-making bodies and Director General Secretariat from January 1, 2016. Petra Senkovic will become Secretary to the Supervisory Board and Director in Directorate Secretariat to the Supervisory Board from January 1, 2016.

View the press release.

The European Securities and Markets Authority announced the extension of the terms of office for its Chair, Steven Maijoor, and Executive Director, Verena Ross by five years.  ESMA also announced the appointments of David Lawton, Misu Negritoiu and Edwin Schooling Latter as chairs of its standing committees, for a period of two years, from October 1, 2015.

View the press release.

View the press release.

The European Banking Authority published final translations of its Guidelines on methods for calculating contributions to Deposit Guarantee Schemes under the Deposit Guarantee Schemes Directive. The Guidelines include: (i) the principles that should be used for developing or approving methods for calculating contributions to DGSs; (ii) the mandatory elements of calculation methods; and (iii) the optional elements of calculation methods. National regulators must notify the EBA within two months of the publication of the translated guidelines whether they comply or intend to comply with those Guidelines.

View the Guidelines.

Participants of the US-EU Financial Market Regulatory Dialogue met to discuss key regulatory topics including recent developments in bank resolution, derivatives reforms, securitization and the creation of the a new Capital Markets Union, cybersecurity and plans to review the Prospectus Directive. Amongst other things, EU participants outlined the efforts that have been made to assist access to market-based funds through the creation of a CMU, and reported, together with participants from the US Securities and Exchange Commission and Commodity Futures Trading Commission that constructive bilateral discussions were continuing on derivatives reform and in particular on recognition under the European Market Infrastructure Regulation. Emphasis was placed on the importance of clear and well-designed recovery and resolution frameworks for CCPs and well-governed benchmark frameworks. The participants included representatives of the European Commission, European Securities and Markets Authority, European Banking Authority, US Treasury, Board of Governors of the Federal Reserve System and Federal Deposit Insurance Corporation. The next meeting will take place in Washington DC in February 2016.

View the joint statement.

The US Securities and Exchange Commission announced that Lara Shalov Mehraban has been named Associate Regional Director for Enforcement in the New York Regional Office. Mehraban has been with the SEC since 2007 and has been an Assistant Regional Director in the office since 2012. Amelia Cottrell previously filled the position and left the agency in July 2015.

View the SEC press release.

Anthony J. Albanese, Acting Superintendent of Financial Services, announced that the New York State Department of Financial Services approved Circle Internet Financial's BitLicense application. This would make Circle Internet Financial the first company to receive a BitLicense from the NYDFS. The NYDFS finalized its BitLicense rules in June 2015 after receiving public comments on the proposed framework, making New York's BitLicense the first comprehensive regulatory framework for firms dealing in virtual currency. The rules include guidelines on consumer protection, anti-money laundering compliance and cybersecurity. The NYDFS has received 25 BitLicense applications to date.

View the press release.
 

The US Commodity Futures Trading Commission approved for public comment a supplement to its November 2013 proposed rulemaking to modify the policy for aggregation under the CFTC's position limits regime for futures and option contracts in Part 150 of its regulations. The supplemental notice of proposed rulemaking revises how the CFTC proposes to address situations when an exemption from the aggregation requirement is available for owners of greater than 50 percent interest in another entity. Under the November 2013 proposal, owners of a greater than 50 percent interest would have to provide specified information and certifications in an application to the CFTC, and obtain CFTC approval before disaggregating their positions. Under the supplement, owners of a greater than 50 percent interest would follow the same procedures that were proposed for owners of an interest between 10 and 50 percent, which procedures would permit such owners to disaggregate an owned entity's positions upon filing a notice with the CFTC stating that certain specified standards have been met. All other aspects of the November 2013 proposal remain the same. The CFTC continues to consider the November 2013 proposal and the comments submitted during the earlier comment periods.

View the press release.
View the CFTC proposed rule.
 

The US Securities and Exchange Commission announced that R.T. Jones Capital Equities Management, an investment adviser, agreed to settle charges regarding its failure to follow guidelines for cybersecurity policies and procedures, which resulted in a breach which compromised the personally identifiable information of approximately 100,000 individuals. Federal securities laws require registered investment advisers to adopt written policies and procedures reasonably designed to protect customer records and information. The SEC investigation found that R.T. Jones Capital Equities Management violated this "safeguards rule" for approximately four years before the breach by failing to adopt any written policies and procedures to ensure the security and confidentiality of personally identifiable information. The SEC's order found that R.T. Jones violated Rule 30(a) of Regulation S-P under the Securities Act of 1933. In the settlement, R.T. Jones agreed to cease and desist from future violations of Rule 30(a) as well as pay a $75,000 penalty.

View the SEC press release.

The European Banking Authority published a consultation paper on its draft Guidelines specifying the application of the definition of default in relation to the Internal Ratings Based Approach and the Standardized Approach under the Capital Requirements Regulation. The draft Guidelines aim to harmonise the definition of default across the EU framework so that EU banks apply regulatory requirements to their capital positions in a more consistent, comparable and uniform way. The draft Guidelines provide clarification for the definition of default, also covering issues such as indications of unlikeliness to pay, the days past due criterion for default identification and the conditions for a return to non-default status. Comments are due by January 22, 2016.

View the consultation paper.

The Financial Stability Board, together with the Basel Committee on Banking Supervision, the Committee on Payments and Markets Infrastructures and the International Organization of Securities Commissions jointly published a CCP workplan, dated April 2015.  The workplan focuses on the resilience, recovery planning and resolvability of CCPs and coordinating the roles of each organisation in achieving these goals. A progress report on such work was published simultaneously, providing an update on work that has been done so far and listing an action plan with expected dates of delivery. The progress report states amongst other things that: (i) work on stress testing policies and practices have advanced and guidance will be developed after further analysis of other resilience topics such as CCP recovery and risk management has been carried out; (ii) a report on all CCP resilience and recovery issues will be published by mid-2016 for consultation; and (iii) a report analyzing the interdependencies between CCPs and major clearing members and any resulting systemic implications on global financial stability will be published by end-2016.

View the workplan.

View the progress report.

The Financial Conduct Authority announced Georgina Phillippou's appointment to the FCA's Executive Committee as the new Chief Operating Officer.

View the press release.

The Financial Stability Board published three reports provided to the G20 Finance Ministers and Central Bank Governors ahead of their meetings in September this year. The reports are: 1. The Sixth Progress Report by the FSB and the International Monetary Fund on the Implementation of the G20 Data Gaps Initiative which states that the set of 20 recommendations to close the data gaps identified following the global financial crisis, known as the first phase, should be completed by end 2015/early 2016. 2. A Joint Progress Report by the FSB, IMF and Bank for International Settlements on foreign currency exposures. The work seeks to address data gaps involving FX exposures so as to prepare for improved assessments of cross-border risks and analyze the vulnerabilities arising from such exposures. The work requires building on existing data initiatives and heavy coordination between the FSB, IMF and BIS. 3. The FSB Final Report on Corporate Funding Structures and Incentives, which examines the factors that shape the liability structure of corporates focusing on the implications for financial stability

View the Sixth Progress Report on the G20 Data Gaps Initiative.

View the Joint Progress Report on FX Exposures.

View the Report on Corporate Funding Structures.

The Financial Conduct Authority published a press release announcing that the FCA and Payment Systems Regulator has appointed new members to its decision making committees. The FCA's Regulatory Decisions Committee will welcome Tim Parkes as Chair, Elizabeth France and John Hull as Deputy Chairs and Kevin Brown, Caroline Ramsay and Chris Cummings as members. The PSR's Enforcement Decisions Committee will also welcome Tim Parkes as Chair, Elizabeth France as Deputy Chair and Kevin Brown, Chris Cummings, Stuart McIntosh, Professor Robin Mason, Malcolm Nicholson, Caroline Ramsay and Jonathan Haskel as members. The FCA and PSR Competition Decisions Committee will welcome Jonathan Haskel, Stuart McIntosh, Professor Robin Mason and Malcolm Nicholson as members.

View the FCA announcement.

Two delegated regulations on Regulatory Technical Standards under the Capital Requirements Regulation were published in the Official Journal of the European Union:

• The delegated regulation for the disclosure of information for the compliance of institutions with the requirement for a countercyclical capital buffer which sets out the specifications for the disclosures required by firms for compliance with their requirements for a countercyclical capital buffer; and

• The delegated regulation for the transitional treatment of equity exposures under the Internal Ratings-Based approach which states that national regulators may grant certain firms with exemptions from the IRB treatment where the categories of the firm's equity exposures were already benefiting from an exemption from the IRB treatment on December 31, 2013.

Both delegated regulations enter into force on October 9, 2015.

View the Delegated Regulation for Disclosure.

View the Delegated Regulation for Transitional Treatment of Equity Exposures.

The US Commodity Future Commission's Division of Market Oversight and Division of Clearing and Risk jointly published an interpretive letter stating that the use by a DCO of a "firm or forced trades" process to determine the price of certain swaps for which public market prices are not available, does not, by itself, trigger the requirement for the DCO to register as a swap execution facility.

In addition, the CFTC interpretive letter states that the DCO should be the reporting counterparty for swaps created by the firm or forced trades process for purposes of Part 45 of the CFTC's regulations.

View the CFTC Staff Letter.

The US Commodity Futures Trading Commission’s Division of Clearing and Risk released an interpretation clarifying the consistency of the CFTC’s Part 39 regulations pertinent to certain derivatives clearing organizations with the CPMI-IOSCO Principles for Financial Market Infrastructures. The clarification relates to certain risk management standards which, among other things, address risks associated with the following: exchange-of-value settlement services; link arrangements of DCOs; the requirement to use central bank services, where available and practicable; and requirements regarding the due diligence conducted with respect to custodian banks.

In the guidance, the CFTC interprets the relevant Part 39 regulations, which apply to systemically important DCOs and those DCOs that have opted into an enhanced regulatory framework (known as Subpart C DCOs), to incorporate all of the standards set forth in the PFMIs.

View the CFTC Staff Interpretation.

The European Securities and Markets Authority published a final report on draft Implementing Technical Standards on the procedures and forms for submitting information on penalties and measures under the UCITS V Directive. The draft ITS have been submitted to the European Commission for endorsement. National regulators will be required to provide ESMA with aggregated information on an annual basis of all penalties and measures that they have imposed on individuals and companies for breaches under UCITS V. Measures and penalties disclosed by national regulators to the general public must also be reported to ESMA simultaneously. The draft ITS include the relevant form that is to be submitted to ESMA. Member States must implement UCITS V into national law by March 18, 2016.

View ESMA's final report.

The Financial Conduct Authority and Prudential Regulation Authority published a joint consultation paper on proposed changes to certain forms used by firms and individuals under the incoming Senior Managers Regime and current Approved Persons Regime. The consultation seeks views on proposed changes to two forms for the new SMR and two forms for the current APR regime. The proposed changes would modify the required disclosures required by individuals relating to ongoing investigations and past convictions, according to whether the individual will be a senior manager under the SMR or an approved person under the APR and allow the regulators to assess fitness and propriety appropriately. Other forms for which the regulators have no duty to consult on have also been amended with immediate effect, including Long Form A forms and Notifications for Change in Controller. Comments are due by October 19, 2015. The regulators intend to publish the revised forms before the end of 2015 and guidance notes on completing the forms for the Senior Managers Regime are also expected.

View the consultation paper.

The Financial Conduct Authority published two guides which set out its new approach to classification of firms for conduct supervision. Firms will now be classified as either flexible or fixed portfolio firms according to their size, market presence and customer footprint. Fixed portfolio firms require the highest level of supervision and are the smaller of the population of firms. The guides summarize the FCA's approach that will apply to the two different kinds of firms. The revisions aim to help the FCA to take a more sector-based approach to identifying risk and engaging more widely with market representatives.

View the guide for fixed portfolio firms.

View the guide for flexible portfolio firms.

The Prudential Regulation Authority and Financial Conduct Authority both issued consultations on the implementation of Ring-Fencing Transfer Schemes under the UK's ring-fencing regime. Banks with core deposits over £25 billion over a period of three years must comply with ring-fencing requirements from January 1, 2019, separating the retail arms of banks from their riskier investment banking operations. RFTSs enable some or all of a bank's business to be transferred to another body so that the bank can restructure to comply with the ring-fencing rules. A scheme report, which must comment on whether the scheme could have any adverse effect on third parties, must be prepared by a skilled person approved by the PRA and FCA. The scheme report is intended to assist the court in its decision whether to sanction the scheme. Consent from all affected parties that is not required but third parties affected by the proposed scheme may make representations to the court. The PRA must also consult the FCA before approving a skilled person or a scheme report. The PRA will also issue two certificates: one providing its consent to the scheme and the second to verify that the transferee will have adequate financial resources. Where the transferee is only regulated by the FCA, the FCA must issue the financial resources certificate. The PRA seeks views on its draft Statement of Policy its approach to RFTSs and on its proposed approach for the approval of skilled persons and scheme reports. The FCA seeks views on its draft general guidance on RFTSs. Comments on both consultations are due by October 30, 2015.

View the PRA Consultation Paper.

View the FCA Consultation Paper.

The Federal Reserve Bank of New York announced that Sarah Dahlgren stepped down as head of the Financial Institution Supervision Group. James Hennessy was named interim head of the Financial Institution Supervision Group.

The International Swaps and Derivatives Association, Inc. announced the launch of a new industry data project which will develop an open-source standard derivatives product identification system that can be applied across different types of financial market infrastructure, such as trading venues, clearing houses and trade repositories. The initiative is in response to the derivatives reporting requirements which are imposed in various jurisdictions, including the US and EU. ISDA's new Symbology Governance Committee will provide oversight and governance to ensure that the product identification standard meets both industry and regulatory requirements. Eighteen entities (subject to finalization of contracts), have signed up to the project so far.

View ISDA's press release.

The International Organization of Securities Commissions published a final report on the cross-border regulation of the global securities markets. The report sets out the cross-border regulatory toolkit of regulatory options available to national securities regulators, including an analysis of the approaches taken to cross-border regulation and the impact that the use of such cross-border regulatory tools may have on investor protection, markets and systemic risk. The tools that are used are classified into national treatment, recognition, and passporting. IOSCO undertook a survey of member jurisdictions to identify the tools that members currently use to regulate financial activities in the global securities markets. The report also sets out next steps for IOSCO, including considering (i) how to be more explicit in incorporating cross-border issues into its policy work; (ii) organizing workshops for regulators on the process and considerations for assessing foreign regulatory regimes under unilateral and mutual recognition or otherwise develop better understanding of the complex aspects of cross-border regulation; (iii) setting up an information repository of its members supervisory cooperation agreements; and (iv) setting up an information repository for recognition decisions, including the analyses that informed such decisions.

View the IOSCO Report.

The US Securities and Exchange Commission adopted amendments pursuant to Section 939A of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act to SEC rule 2a-7, related to the removal of credit rating references in the rule. Rule 2a-7 is the principal rule that governs money market funds and the form that money market funds use to report information to the SEC each month about their portfolio holdings.
 
The amendments to rule 2a-7 would eliminate provisions which currently require money market funds to invest only in securities that have received one of the two highest short-term credit ratings or, if they are not rated, securities that are of comparable quality. In addition, under the amended rule, money market funds would also no longer be required to invest at least 97 percent of their assets in securities that have received the highest short-term credit rating. Instead, the amended rule would limit money market funds to investing in a security only if the fund determines that the security presents minimal credit risks after analyzing certain prescribed factors, which factors are discussed in more detail in the adopting release.
 
The SEC adopted additional amendments to rule 2a-7 that would subject additional securities to issuer diversification provisions in the money market fund rule by eliminating a current exclusion for securities subject to a guarantee issued by a non-controlled person.
 
View the SEC press release here. 

View the final rule here. 
 

The US Commodity Futures Trading Commission announced proposed amendments to the definition of “material terms” in connection with CFTC regulations relating to swap portfolio reconciliation.
 
CFTC regulations on swap portfolio reconciliation require swap dealers and major swap participants to reconcile swap terms with other SDs or MSPs daily, weekly, or quarterly, depending upon the size of the particular swap portfolio. These regulations also require SDs and MSPs provide non-SD and non-MSP counterparties with regular opportunities for portfolio reconciliation.
 
Under the new proposal, the CFTC would amend the definition of “material terms” to specifically exclude certain data fields from the periodic reconciliation requirements. If the proposed amendment to the definition of “material terms” is adopted, the proposed rule would supersede no-action relief provided pursuant to CFTC Letter 13-31 issued on June 26, 2013.  
 
In separate statements, CFTC Commissioner J. Christopher Giancarlo and CFTC Chairman Timothy Massad praised the proposal for eliminating unnecessary burdens in the swap portfolio reconciliation rules. In addition, Commissioner Giancarlo encouraged parties affected by the swap reconciliation rules to submit comments regarding the ongoing costs associated with the reconciliation of other data fields that may not be relevant to the ongoing rights and obligations of the parties to a swap.
 
The comment period ends 60 days after the proposal’s publication in the Federal Register.
 
View the CFTC proposed rule.
 

A Commission Delegated Regulation was published in the Official Journal of the European Union which extends the transitional exemption period under the European Market Infrastructure Regulation for pension funds to comply with the EU clearing obligation by two years. The European Commission announced on June 5, 2015, that the period would be extended from August 16, 2015 to August 16, 2017, noting that if pension funds were subject to the clearing obligation now, they would need to source cash for the margin requirements of CCPs. The Commission, and other EU regulators, have asked CCPs to develop a solution that would allow pension funds to clear derivatives without the obligation being too burdensome for pension funds but which will also allow CCPs to liquidate positions rapidly in the event of a default. To date, no solution has been confirmed.

View the Commission Delegated Regulation.

The European Banking Authority published translated versions, dated September 11, 2015, of its final guidelines on payment commitments under the EU Directive on Deposit Guarantee Schemes. The DGS Directive provides that banks must pre-finance the DGS in its home member state. One of the methods available for such pre-financing is a payment commitment, provided that the total share of payment commitments does not exceed 30 per cent of the total amount of available financial means raised. The EBA guidelines on payment commitments set out the terms to be included in the contractual or statutory arrangements for a bank to provide payment commitments to a DGS, as well as the criteria for eligibility (i.e. sufficiently low risk) and management of the collateral. According to the guidelines, a bank may make payment commitments by either a Payment Commitment Arrangement or a Financial Collateral Arrangement. DGSs, relevant designated authorities, resolution authorities  and national regulators should implement the guidelines by December 31, 2015 and confirm to the EBA, by November 11, 2015, the status of the guidelines.

The translated guidelines are available on the EBA's website.

The Board of Governors of the Federal Reserve System announced the appointment of Federal Reserve Bank of Chicago’s Senior Vice President, Todd Aadland, as its Payments Security Strategy Leader.  Mr. Aadland will lead the initiative to address fraud risk and improve the safety, security and resiliency of the payment system.

View the press release.

The US Commodity Futures Trading Commission issued a final rule requiring all registered introducing brokers and commodity pool operators, and certain commodity trading advisors, to become and remain members of a registered futures association.  Currently, the only registered futures association is the National Futures Association.  Certain commodity trading advisors who qualify for an exemption from registration as a commodity trading advisor under CFTC regulation 4.14(a)(9) are not subject to this requirement.  Compliance with the final rule is required by December 31, 2015.

View the press release.

View the final rule.

The US Commodity Futures Trading Commission Chairman Timothy Massad announced that Eric J. Pan will be the CFTC’s new Director of the Office of International Affairs. Mr. Pan was previously the Associate Director for Regulatory Policy in the US Securities and Exchange Commission’s Office of International Affairs.  At the SEC, he oversaw international regulatory policy and represented the SEC in IOSCO and the Financial Stability Board.  
 
Chairman Massad also announced the retirement of CFTC employee Phyllis Dietz who served as Acting Director of the Division of Clearing and Risk and named Jeffrey Bandman as Acting Director of the Division of Clearing and Risk.

View the press release.

The US Commodity Futures Trading Commission announced the approval of the application of LedgerX LLC for temporary registration as a swap execution facility.  LedgerX is a Delaware limited liability company and wholly-owned subsidiary of NYBX Inc., a corporation based in Delaware.  Following the approval for temporary registration, the CFTC will undertake a further substantive review of the company’s application for full registration. If approved, LedgerX would be the first federally regulated bitcoin options exchange and clearing house that would list and clear fully-collateralized, physically-settled bitcoin options for the institutional market.

View the press release.

The US Securities and Exchange Commission announced the designation of Robert Cohen and Joseph Sansone as co-chiefs of the Division of Enforcement’s Market Abuse Unit.  The Market Abuse Unit is a national specialized unit that focuses on complex insider trading issues as well as other market trading misconduct and abuse.

View the press release.