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Margin and Capital Requirements for Covered Swap Entities

Publication Details
Type
Proposed Rulemaking
Document Number
2014–22001
Federal Register Publish Date
09/24/2014
Comment Open Date
09/03/2014
Comment End Date
11/24/2014
Comment Status
Closed
Rulemaking Details
Rulemaking

Margin and Capital Requirements for Covered Swap Entities

Contact Information

FOR FURTHER INFORMATION CONTACT: ​Robert Collender, Principal Policy Analyst, Office of Policy Analysis and Research, Robert.Collender@fhfa.gov, or Peggy K. Balsawer, Associate General Counsel, Office of General Counsel, Peggy.Balsawer@fhfa.gov, Federal Housing Finance Agency, Constitution Center, 400 7th St., SW, Washington, DC 20024.

Summary

​Summary: The Office of the Comptroller of the Currency (OCC), the Federal Reserve Board, the Federal Deposit Insurance Corporation (FDIC), the Farm Credit Administration (FCA), and the Federal Housing Finance Agency (FHFA) (each an “Agency” and, collectively, the “Agencies”) are seeking comment on a proposed joint rule to establish minimum margin and capital requirements for registered swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants for which one of the Agencies is the prudential regulator. This proposed rule implements sections 731 and 764 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which require the Agencies to adopt rules jointly to establish capital requirements and initial and variation margin requirements for such entities and their counterparties on all non-cleared swaps and non-cleared security-based swaps in order to offset the greater risk to such entities and the financial system arising from the use of swaps and security-based swaps that are not cleared.

Interested parties are encouraged to submit written comments jointly to all of the Agencies. Commenters are encouraged to use the title “Margin and Capital Requirements for Covered Swap Entities” to facilitate the organization and distribution of comments among the Agencies.

You may submit your written comments on the proposed rulemaking, identified by regulatory information number (RIN) 2590-AA45, by any of the following methods:

  • Agency Website: www.fhfa.gov/open-for-comment-or-input.

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. If you submit your comment to the Federal eRulemaking Portal, please also send it by e-mail to FHFA at RegComments@fhfa.gov to ensure timely receipt by the Agency. Please include ‘‘RIN 2590-AA45” in the subject line of the message.

  • Hand Delivery/Courier: The hand delivery address is: Alfred M. Pollard, General Counsel, Attention: Comments/ RIN 2590-AA45, Federal Housing Finance Agency, Constitution Center (OGC Eighth Floor), 400 7th St., SW, Washington, DC 20024. Deliver the package to the Seventh Street entrance Guard Desk, First Floor, on business days between 9:00 a.m. and 5:00 p.m.

  • U.S. Mail, United Parcel Service, Federal Express, or Other Mail Service: The mailing address for comments is: Alfred M. Pollard, General Counsel, Attention: Comments/ RIN 2590-AA45, Federal Housing Finance Agency, Constitution Center (OGC Eighth Floor), 400 7th St., SW, Washington, DC 20024.

All comments received by the deadline will be posted for public inspection without change, including any personal information you provide, such as your name, address, email address and telephone number on the FHFA website at http://www.fhfa.gov. Copies of all comments timely received will be available for public inspection and copying at the address above on government-business days between the hours of 10 a.m. and 3 p.m. To make an appointment to inspect comments please call the Office of General Counsel at (202) 649-3804.

Public Comments people-icon

Below are a compilation of public comments made on this publication.

73 items
Date Sort ascending First Name Last Name Organization Comment
The American Bankers Association (ABA) and the American Bankers Association Securities Association (ABASA) See attached commentView Comment Email: N/A
Attachment: View Attachment
Mary Johannes International Swaps and Derivatives Association (ISDA) See attached commentView Comment Email: N/A
Attachment: View Attachment
Kyle Brandon Securities Industry and Financial Markets Association (SIFMA) See attached commentView Comment Email: N/A
Attachment: View Attachment
The Clearing House, American Bankers Association, American Bankers Association Securities Association, SIFMA See attached commentView Comment Email: N/A
Attachment: View Attachment
Stuart Kaswell Managed Funds Association See attached commentView Comment Email: N/A
Attachment: View Attachment
Mary Johannes International Swaps and Derivatives Association (ISDA) See attached commentView Comment Email: N/A
Attachment: View Attachment
Summary of May 12, 2015 Conference Call with U.S. Commodity Futures Trading Commission, William Harrington, and Richard Michalek See attached summaryView Comment Email: N/A
Attachment: View Attachment
Summary of April 21, 2015 Meeting with Representatives of the Structured Finance Industry Group (SFIG), Chapman & Cutler, Commercial Credit Group, Deutsche Bank, Great America, JP Morgan, Lord Capital, and State Street See attached summaryView Comment Email: N/A
Attachment: View Attachment
Summary of April 14, 2015 Conference Call with Representatives of State Street Corporation, The Bank of New York Mellon, and the Northern Trust Corporation See attached summaryView Comment Email: N/A
Attachment: View Attachment
Summary of March 31, 2015 Conference Call with Representatives of the Investment Company Institute (ICI) and Certain of its Members See attached summaryView Comment Email: N/A
Attachment: View Attachment
Summary of March 24, 2015 Conference Call with Representatives of the Securities Industry and Financial Markets Association's Asset Management Group (SIFMA AMG) and Certain of its Members See attached summaryView Comment Email: N/A
Attachment: View Attachment
Summary of March 17, 2015 Meeting with Representatives of the Securities Industry and Financial Markets Association (SIFMA), Citigroup, Credit Suisse, Goldman Sachs, and Morgan Stanley See attached summaryView Comment Email: N/A
Attachment: View Attachment
Global Pension Coalition See attached supplemental letter.View Comment Email: N/A
Attachment: View Attachment
Summary of February 3, 2015 Meeting with Representatives of the Global Pension Coalition (GPC) See attached summaryView Comment Email: N/A
Attachment: View Attachment
Eric Litvack International Swaps and Derivatives Association (ISDA) See attached commentView Comment Email: N/A
Attachment: View Attachment
Summary of January 8, 2015 Meeting with Representatives of the American Council of Life Insurers (ACLI) See attached summaryView Comment Email: N/A
Attachment: View Attachment
Kenneth Bentsen, Jr. Global Financial Markets Association (GFMA) See attached comment.View Comment Email: N/A
Attachment: View Attachment
KfW - 2 See attached Supplemental Letter.View Comment Email: N/A
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Trevor Wagener National Economic Research Associates, Inc. See attached comment.View Comment Email: N/A
Attachment: View Attachment
Australia and New Zealand Banking Group Ltd., Commonwealth Bank of Australia, Macquarie Bank Limited, National Australia Bank Limited, Westpac Banking Corporation See attached comment from the following 5 Australian Banks Australia a…View Comment
Email: N/A
Attachment: View Attachment
Summary of December 12, 2014 Meeting with Representatives of International Swaps and Derivatives Association (ISDA) See attached summaryView Comment Email: N/A
Attachment: View Attachment
MFX Solutions, Inc. - 2 See attached letter re CFTCView Comment Email: N/A
Attachment: View Attachment
White & Case LLP See attached.View Comment Email: N/A
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Christopher Killian SIFMA -2 Please see attached for SIFMA's comments on the impact of this propose…View Comment
Email: ckillian@sifma.org
Attachment: View Attachment
R. Dale Lynch The Federal Agricultural Mortgage Corporation (Farmer Mac) See attached.View Comment Email: N/A
Attachment: View Attachment