Frankfurt, 2 February 2010 OTC Cash and Derivative Markets in 2010
Frankfurt, 2 February 2010
OTC Cash and Derivative Markets in 2010
2 February 2010
OTC Derivatives RegulationMarcus Schüler
3
Objectives of OTC derivatives regulation
Risk–
Reduce systemic–
Operational
Increase transparency–
To the public and to regulators –
On transactions and on positions
Secure market integrity
Improve market functioning
The ideal solution should –
Encompass also products that are not suitable for central clearing or electronic trading –
Use proven infrastructure to secure delivery in a timely and cost effective fashion –
Maximize interoperability, foster competition and avoid the creation of vertical silos–
Provide useful, high quality information in the right format, not just more data
4
What has been achieved so far?
Risk reduction–
Electronic trade confirmation–
Novation protocol–
Credit Event settlement–
Trade compression–
Launch of CCPs for CDS
Transparency–
Creation of Trade Repositories for CDS, Interest Rate and Equity
derivatives
5
Agenda for 2010 and beyond*
Reduction of systemic risk–
Central ClearingGreater use of CCPsInteroperability of CCPsEnd user exemption
–
Further improve the efficiency of collateral management and trade compression
Transparency–
Mandatory reporting of OTC derivatives transactions to Trade Repositories–
Public dissemination of price and volume informationEstablish a TRACE-like trade reporting system (US)Extension of MiFID to non-equity markets (Europe)
Market functioning–
Increased use of exchanges and electronic trading platforms for execution –
Attract new liquidity providers and reduce bid/offer spreads
*See New York Federal Reserve Bank Staff Report “Policy Perspectives on OTC Derivatives Market Infrastructure”, January 2010 for details
6
OTC derivatives legislation –
the current status
US Legislative proposals–
US Administration OTC Derivatives Bill–
August 11, 2009–
Reed Bill –
Senate Banking Committee, September 22–
House Bill–
Passed December, 2009 –
Senate Banking Committee–
Dodd Bill, November 10, 2009–
Senate Agricultural Committee–
Draft bill expected in February
Europe–
European Commission communication on OTC derivatives
–
October 20, 2009–
Discussion paper “Legislation on Market Infrastructures”
–
January 2010
Asia−
Japanese FSA −
Blue Print, December 2009
7
Relevant parties and their responsibilities
Alternative Swap Execution Facilities (ASEF) and regulated exchanges–
Execution of swap trades–
Timely dissemination of trade information (post-trade transparency)–
Emergency powers of regulators and position limits
Central Counterparty (CCP)–
Assume, consolidate and manage counterparty risk from bilateral trades–
Capture data and make it available to regulators and the public
Swaps Repository (SR)–
Capture details of all OTC derivative trades–
Might perform life cycle management–
Make transaction and position information available to regulators and the public
Major swap market participants–
Report customized trades to a SR or the Commission–
Store the complete audit trail and make it available to regulators–
Aggregate positions in security-based products across formats and asset classes
8
Critical issues to be addressed
Clearing requirement–
Which OTC derivatives have to be centrally cleared? How to deal with moral hazard issues?
–
Proposed approachesStandardized vs customized productsRegulators to decide on clearabilityCCPs to apply to the Commission In addition grant the Commission the right to declare products as clearableRestrict dealer ownership of CCPs (Lynch amendment)
Trading requirement–
Which products have to be traded on regulated exchanges or ASEFs?–
Proposed approachedStandardised vs customised productsNo requirement to trade electronically as long as the trade is reported All cleared products need to be traded electronically Voice brokerage permitted if trades are processed through ASEFs Require electronic trading also for non-cleared products
9
OTC market practices
Report to
Submitto
Swaps Repositories
Majority of trades
submitted to
Negotiated OTC
Transaction
Electronically Traded OTC Transaction
ECN or ECM or any other Electronic Execution or Negotiation Facility
Telephone, IM, Voice Broker, or Other ECN Means
Clearing Houses
Electronic Trade Processing
Facility
10
Legislative proposals
Swaps Repositories
Negotiated OTC
Transaction
Electronically Traded OTC Transaction
Alternative Swap Execution Facility "ASEF"
Data Fragmentation
Problem
Clearing Houses
Rep
ort
to
Public / Market Participants / Regulators
Public TradeReporting
Public
Regulator
Audit Trail
Submit Trade to Clearing House
Submit Trade to Repository
Telephone, IM, Voice Broker, or Other ECN Means
2 February 2010
Role of Trade Processing in the OTC Derivative Markets
Jeff Gooch
12
Agenda
Current environment
About MarkitSERV
Future plans
13
Current environment
Market faces unprecedented challenges from both regulators and participants
New derivative regulations being drafted in both Europe and the US
Industry commitments to clearing:−
Interbank and client clearing−
Multiple clearers
Volumes have generally held steady despite industry challenges
14
Current credit volumes
15
Rates volumes
16
Equity volumes
17
What is MarkitSERV
DTCC’s
Deriv/SERV Post-Trade Confirmation and Matching
Services
+ Markit’s Trade Processing Services
Integrated multi-asset class solution for OTC derivatives market
18
Key facts
Go-live on 1st September
50:50 owned by DTCC and Markit
Industry governed with seven customers on its board
A management committee that consists of 14 executives, whose combined operations, technology, management and commercial experience averages 18 years
300+ staff
Over 8 million confirmations per year
The largest OTC processing network that has over 80 banks connected, more than 50 interdealer brokers and over 1,600 buy-side firms
19
Combined product set
Legacy Product MarkitSERV Product
Deriv/SERV Confirmation and Matching Service MarkitSERV DSMatch
Deriv/SERV MCA-Xpress MarkitSERV MCA-Xpress
Deriv/SERV Novation Consent MarkitSERV Credit Novation Consent
Markit Trade Manager MarkitSERV Trade Manager
Markit Wire MarkitSERV MarkitWire
Markit PBWire MarkitSERV PBWire
Markit PortRec MarkitSERV PortRec
Markit Tie-Outs MarkitSERV Tie-Outs
20
Proposed architecture –
dealer to client flow
Buy-side
SP 1
SP 2
Portal
Prime Brokers
Clearingmembers
BrokerDealer A
CCPOther service providers
MarkitSERV
Novation consent
Affirmation
AllocationConfirmation
TIW Gateway
CLS
DTCC TIW
E-TradingVoice IDB
BackloadingLife Cycle Event
New Trades
BrokerDealer B
Portfolio Compression
PC 1 PC 2 PC 3
Portfolio Reconciliation
PR 1 PR 2 PR 3
21
Industry benefits
Increase industry efficiency and decrease operational risk by joining the two largest derivatives confirmation platforms, spanning the entire post-trade life cycle
Connect multiple market participants, execution venues and clearing providers through a single, secure gateway
Reduce/eliminate the dependencies on manual-based processes
Improve accuracy and security of OTC derivative transactions globally
Lead and assist the industry in meeting the challenging regulatory demands in a very dynamic environment
22
Implementation approach
Phased implementation with early deliverables (e.g. development of a cross-product client portal)
Minimise impact on existing customers
Maximise attractiveness to new users to adopt electronic solutions by improving functionality, reducing uncertainty and linking platforms together to increase industry take up across asset classes
Support for different workflow and business models:–
Affirmation and matching models–
Prime brokerage relationships–
Links to clearing houses–
Outsourcing to fund administrators
23
Implementation approach (continued)
Meet user requirements for processing in a holistic front to bank environment – from block affirmations to settlement and portfolio maintenance
Develop key middleware to support full trade lifecycles
Support DTCC Trade Information Warehouse and any other repositories or clearers selected by the industry
24
Delivery plan
Integrated Portal -
Rates
LIVE
TBD
Rates
Client Clearing
Data Migration
Novation Consent solution
Interoperability
Allocations solution
LIVE
April 2010
March 2010
April 2010
TBD
Credit
Front Office affirmation model
Clearing designation on T
Expansion to buy-side clearing
Block/allocation and give-up
Novation Consent solution
LIVE Interbank
Developed
Developed
TBD
Q2 2010
Integrated Portal -
Credit TBD
Integrated Portal -
Equities Phased-in, Q3/4 2010+
CommonPortal
Single Sign On
25
Delivery plan (continued)
Collateral /Portfolio
Reconciliation
Tri-party reconciliation for TIW
Direct links to DS Match and MarkitWire
Continued integration with Valuations Manager
Q1 2010
Q1 2010
ongoing
Commodities
Extend Physical Power and Gas Coverage to North America
Buy-side firms
Turn on 2 way link with MTM
Allocations
Emissions, Physical Coal, Return Swaps on Commodity Indices
Q1 2010
Q1 2010
Q1 2010
Q1 2010
2010
Equities
Increased eligibility and take-up
Meet all mandates (options, swaps) and implement industry-agreed corporate actions processing solution
Field Harmonisation, Convergence, Single Platform
ongoing
ongoing
Phased-in, 2010+
Equity Trade Reporting Repository July 2010
26
Common portal –
web view
Trade Manager
MarkitSERVTrade Manager (MTM) reduces operational risk and manual intervention by allowing participants to manage their risk and various processes in a timely manner electronically on one platform
–
Automates Front to Back Processing, with real-time connectivity to MarkitWire
and DSMatch platforms, as well as web-based workflows for electronically-ineligible product types
Proven cross-asset class solution–
MTM has a broad existing user client base, covering investment managers, hedge funds, and fund administrators
–
MTM encompasses all products –
Credit, Equities, Rates, Commodities, FX and all structured products
MTM’s flexibility allows participants to implement any or all of the components available on the platform depending on their need and business model
Suite of management reports for aging, counterparty scorecards and internal productivity
PortRec
MarkitSERV PortRec helps buy-side firms and fund administrators identify and address challenges associated with position and valuation differences within their derivative portfolios
Automatic reconciliation & reconciliation review process–
Highly flexible rules engine for optimal reconciliation rates (target by counterparty, product, date & value ranges)
Identification of critical economic breaks & online dispute resolution–
Drill down to underlying trade details & confirmation status to uncover the root cause of discrepancies via MarkitSERVTrade
Manager, DSMatch and MarkitWire
confirmation services
Side by side valuation comparisons –
Quickly locate significant valuation differences–
Incorporate independent mark via Markit Portfolio Valuation Service
Cross-asset management reporting–
Instant production of management reports–
Targeted dashboards for top issues, trends and aging
29
Improving the customer experience
New combined customer service help lines:–
UK/Europe/Asia: + 44 (0)84 4994 7378
US and Canada: + 1 877 765 8737
–
Dedicated multiproduct account management teams (including Italian, German and French speakers)
Steamlined signup and legal documentation process for buy-side customers
New integrated case management system
2 February 2010
Central Clearing and its Impact on the
Derivative MarketsTom Price
31
Agenda
What is Central Clearing?−
Bilateral Clearing (legacy) vs. Central Clearing−
Structure and obligations of participants−
Hierarchy of loss protection in default of a clearing member
Scope of Central Clearing−
OTC Derivatives market overview−
Addressing systemic risk−
Systemic risk vs. liquidity (CDS single name example)
Prerequisites for centrally clearing CDS
Current state of the CDS clearing market−
Current state−
Obstacles to a robust central clearing market in CDS
Expected ultimate impact of CCPs in OTC Derivatives
32
What is Central Clearing? Bilateral Clearing (legacy) vs. Central Clearing
New entrant in the market
Buyer for every seller a and a seller for every buyer
33
What is Central Clearing? Structure and obligations of participants
Obligations of various participants to ensure stability for CCP Structure:
Central Clearing Party–
Contribution of First Loss Capital
Clearing member–
Contribution to guaranty/reserve fund–
Initial and variation margin–
Contingent claims
Non-clearing members–
Initial and variation margin
Example: CCP Membership Criteria:Minimum capitalizationMinimum net worthRatings criteria Operational complianceLegal complianceMonitoring as ongoing entity
34
What is Central Clearing? Hierarchy of loss protection in default of a clearing member
Source: Duffie, Li, Lubke
1.
Initial margin of defaulting member
2.
Defaulting member’s contribution to guaranty/reserve fund
3.
Central clearing house’s first loss capital
4.
Guaranty/reserve fund
5.
Central clearing house has ability to raise additional funds from surviving participants
35
Scope: Size of the OTC Derivatives market
Source: BIS
OTC derivatives have become systemically importantCurrent focus is on expanding CDS clearing
36
Addressing systemic risk
Central Clearing
Trade repositories
Public transparency
Trading on electronic platforms or alternative swap execution facilities
Operational metrics
Trade compression
T+0 settlement
37
Scope: systemic risk vs. liquidity (CDS single name example)
There are over 3,000 single name reference entities in the CDS marketThe majority of these are not expected to centrally clearTop 1,000 reference entities above, represent over 95% of the Gross Notional80% of the Gross Notional is covered by the top 476 entities
Source: DTCC, Markit
38
Pre-requisites for centrally clearing CDS
Increased standardisation−
CDS Big Bang−
Determination committees−
Full coupon and IMM dates−
Standard protection period−
Hardwiring auction−
ISDA CDS Standard Model−
Developed and supported in collaboration with Markit
Improved pricing accuracy
39
Improved quality of clearing prices in CDS market
CDS pricing services historically suffered from some or all of these issues:
Submission window–
Quotes come in throughout the day. More often in morning.–
Books are closed at different timesSubmission obligation
–
There is no obligation to provide Quotes–
Quotes dry up during volatility (“Call desk”) or near holidaysSubmission size
–
Books of Record prices are not of a standard size–
The size of a Quote is often not statedIDs
–
Quotes do not have RED IDs. Educated guessing on instrument pricedQuality incentives
–
Insufficient incentives and therefore focus on pricing qualityCoverage
–
Quotes often only address the 5 year point on curve.
Other points modeled
40
Current state of the CDS clearing market
Large number of potential and active CCPs
Higher costs
Increased collateral/margin means less leverage
More reporting requirements
Buy-side on sidelines
$1 billion revenue in 2012 for OTC clearing in CCPs ($323 million in CDS) as estimated by Morgan Stanley
Dealers have made commitments to regulators to centrally clear, increase transparency and continue operational efficiency
41
Obstacles to a robust Central Clearing market in CDS
Scope of products:−
No bespokes, SN sovereigns and CPP member entities
Multiple CCPs−
Cost: Less netting and higher transaction costs
Lack of cross asset margining within CCPs
Regional legal structures−
Laws are generally national rather than global [e.g. bankruptcy]
Interoperability of CCPs−
Standardisation risk and valuation metrics−
Accessibility of dealers to all CCPs
42
Expected ultimate impact of CCPs in OTC Derivatives
Reduced systemic risk
Higher standardisation of OTC product
Improved pricing accuracy
Increased scope coverage of cleared instruments
Changed liquidity profile of market (cleared vs. non-cleared)
Greater transparency through more reporting requirements
One dominant CCP per asset class per region
Increased margin/lower leverage
Buy-side and sell-side involvement
Greater regulatory involvement
2 February 2010
Clearing
The Way For Electronic Loan Processing
Joe Widner
44
Current state of the loan market
Globally the largest inefficient financial market
Key areas of concern–
Faxes as primary communication method–
Secondary settlement times range from weeks to months–
Independent processes for loan transfer and cash settlement–
Decentralised data coupled with privacy requirements–
Operational costs and errors
The loan asset class will see limited growth or advancement past historical levels without changing the environment
45
Critical requirements
Basic building blocks are necessary to lay foundation for change–
Counterparty identification–
Loan identification–
Standardised communication protocols–
Availability and access to agency data–
Common and published practises (e.g. Know-Your-Customer process)
With these the next layer of efficiency can be built–
Reconciliation–
Trade settlement workflow–
Cash settlement integration (DVP)
46
Markit’s
objective and ability
Markit is uniquely position to provide the platform and leadership required to execute changes for the loan industry
Leverage parallel experience in derivatives markets
Unique relationship with both the buy-side and sell-side
Approaching 400 loan specific associates worldwide (25% of Markit)
Leading global provider of loan products and services–
Valuations (Loan Pricing)–
Portfolio management (Wall Street Office -
WSO)–
Loan reference data and distribution (WSOData)–
Operations outsourcing (WSOWeb)–
Trade Processing (ClearPar)
Loan Board created in 2009 consisting of 10 global sell-side banks, 3 global buy-side firms, DTCC and Markit
47
Accomplished to-date
Acquisition of Wall Street Office (WSO) in 2008–
8mm faxes processed centrally–
5004 facilities available for electronic STP processing–
3mm faxes eliminated
Acquisition of ClearPar in 2009–
100,000+ trades processed per year–
New European enhancements and online agent signing–
New distressed enhancements to manage inventory and PSA integration
New loan offerings–
Over 20,000 Markit Entity Identifiers (MEIs) issued–
Major agent/broker banks setup on Market Document Exchange for KYC–
Launching of new cash loan indices
48
Required components
Loan Identifiers
Loan Data
FpMLEntity Identifiers
Counterparty Data Electronic Messaging
Trade Matching
STP ProcessingAgent Validation
KYC Automation
Centralized Data:
Foundation:
Basic integration:
Advanced: Trade Collateral
Reconciliation
Future: DVP STP Settlement Repos
Launched in final or interim state In design / development
Launched in interim state Under consideration
49
Appendix
50
Focus transitions from returns to risk
For most of 2009, secondary loan prices have been posting a strong recovery. However, memories and perhaps wounds from the financial crisis are still fresh. Before the crisis, loans were considered to be a relatively stable asset class with low price volatility. This perception began to change in July 2007, the start of the crisis. With the
fall of Lehman Brothers in September 2008, volatility skyrocketed. The credit crisis has led investors to re-examine the way they think about investing in the loans asset class, namely a shift in focus from returns to risk. Because the credit crisis threatened the health of the overall financial system, this new focus on risk goes beyond just investment risk but includes systemic and operational risks as well.
51
Initiatives in progress
52
Integration efforts to decrease settlement times
TradeMatched
TradesSubmitted
WSO WSOData
Check /EnrichData
FundingMemo
CAChecks
InventoryCheck
Allocations DVP
TradeCaptureAPI
MEIs
WSOData
WSO AgentsDTCC
WSOData
MDE
Consent &Minimums
MDEDTCC
CheckAffiliations /Holdings
SettlementInstructions
DTCC
WiringDetails
LEGAL & PROCESS REFORM
PLATFORM
KYC
MDE
Agent
CheckStatus
SendPacket
53
Question & Answer session
54
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