ISDA Guide on Collateral Management Under Smart Derivatives Contracts
ISDA published the third in a series of legal guidelines for smart derivatives contracts. This guideline is intended to explain the core principles of ISDA collateral documentation and raise awareness—among technology developers, collateral operations, risk managers, and other key stakeholders—about important legal and regulatory issues that must be considered when a technology solution is applied to the collateral management process.
This paper provides guidelines to help the development and application of technology in the automation of collateral management. The paper is not intended to specify or recommend any particular approach or to address any particular technological application or project. The guidelines in this paper suggest steps that should be taken to ensure that the design and implementation of new technology solutions are consistent with the existing legal and regulatory standards. The paper also highlights areas for which further industry collaboration will be required to identify and resolve the existing areas of legal and regulatory uncertainty. Specifically, the paper describes:
- Current challenges that exist in the collateral management process and how they can be resolved through greater automation
- The importance of increased standardization in creating the foundation for automated technology solutions
- The ISDA strategy for developing and delivering greater standardization and digitization of ISDA collateral documentation
- Existing legal standards as set out in the ISDA collateral documentation and the key points for technology developers to consider as they develop and implement new technology solutions within this legal and regulatory framework
Related Links
- Press Release
- Guidelines: Collateral (PDF)
- Guidelines: ISDA Master Agreement (PDF)
- Guidelines: Introduction
Keywords: International, Banking, Securities, Smart Contracts, Derivatives Contracts, Regtech, Guideline, Distributed Ledger Technology, Artificial Intelligence, Automation, Fintech, ISDA
Related Articles
ECB Finds Banks Unprepared for Pillar 3 Climate Risk Disclosures
The European Central Bank (ECB) published results of the 2022 supervisory assessment of climate-related and environmental risk disclosures among significant institutions (103) and a selected number of less significant institutions (28).
NCUA Assesses Credit Union Exposure to Climate-Related Physical Risks
The National Credit Union Administration (NCUA) released a Research Note that examines the exposure of credit unions to climate-related physical risks. In a related development
EBA Issues Multiple Regulatory and Reporting Updates for Banks
The European Banking Authority (EBA) is seeking comments, until July 31, 2023, on the draft Guidelines on the proposed common approach to the resubmission of historical data under the EBA reporting framework.
EC Adopts Regulation on Own Funds, Issues Other Updates
The European Commission adopted Delegated Regulations on own funds and eligible liabilities, on requirements for the internal methodology under the internal default risk model
CDP Platform to Report Plastic-Related Impact, Issues Other Updates
The Carbon Disclosure Project (CDP) announced that its global environmental disclosure platform has enabled reporting on plastic-related impact for nearly 7,000 companies worldwide
IASB to Enhance Reporting of Climate Risks, Proposes IFRS 9 Amendments
The International Accounting Standards Board (IASB) updated its work plan to enhance the reporting of climate-related risks in the financial statements,
BIS Addresses Data Gaps and Macro-Prudential Policy for Climate Risks
The Financial Stability Institute (FSI) of the Bank for International Settlements (BIS) published a brief paper that examines challenges associated with the use of macro-prudential policies to address climate-related financial risks.
FCA Sets Out Business Plan, Launches TechSprint on Greenwashing
The Financial Conduct Authority (FCA) published its business plan for 2023-24. The plan sets out details of the work planned for the next 12 months to achieve better outcomes for consumers and markets
UK Committee Sets Out Recommendations for Next Phase of Open Banking
The Joint Regulatory Oversight Committee (JROC), comprising the Financial Conduct Authority (FCA) and the Payment Systems Regulator (PSR) as co-chairs and the HM Treasury and the Competition and Markets Authority (CMA) as members
ECB Publishes Multiple Regulatory Updates for Banking Institutions
The European Central Bank (ECB) published the results of the 2022 climate risk stress test of the Eurosystem balance sheet,
