What is Dodd-Frank
The Dodd-Frank Wall Street Reform and Consumer Protection Act, more commonly known as Dodd-Frank, is perhaps the broadest financial reform regulation in modern times. Following the 2008 Global Financial Crisis (GFC), Dodd-Frank was signed into law by President Barack Obama in 2010.
Dodd-Frank, among other things, established a new agency devoted to enforcing consumer financial protection laws, required regulators to create a new regulatory regime for the swaps market, and gave the Financial Stability Oversight Council (FSOC) the ability to designate certain financial firms critical to the financial stability of the US as systemically important financial institutions, which brings stricter oversight from the Federal Reserve.
Today, regulators have implemented most of Dodd-Frank’s requirements. However, DTCC continues to closely monitor any regulatory actions related to Dodd-Frank as well as all federal legislative or agency regulatory activity that could result in changes to the Act itself.
How Title VII of Dodd-Frank affects clients in the derivatives market.
Title VII of Dodd-Frank addresses regulation of over-the-counter (OTC) derivatives swaps by the Commodity Futures Trading Commission (CFTC) and security-based swaps by the Securities and Exchange Commission (SEC).
Regarding Title VII the CFTC and SEC, along with prudential regulators, have developed regulations that require counterparty documentation, mandatory clearing, execution on regulated exchanges or trading platforms, reporting and capital and liquidity requirements in the form of margin rules. These regulations are intended to improve transparency and reduce risk in the market.
How can DTCC help
DTCC provides a range of services to help firms meet their regulatory obligations, including those arising out of Dodd-Frank. The products below make regulatory compliance both easier to understand and easier to meet.
DTCC’s Global Trade Repository (GTR), through locally registered trade repositories (TRs), provides trade reporting for OTC derivatives. GTR spans three continents, enabling users to meet their regulatory reporting obligations, including those established under Dodd-Frank, wherever they are located, in an open, cost-effective and efficient manner.
To find out more about GTR, visit dtcc.com/gtr
DTCC-Euroclear Global Collateral Ltd. (GlobalCollateral) helps clients to meet margin and collateral requirements that arise from regulations such as Dodd-Frank.
Margin call volumes are rising as regulatory changes take effect in the derivatives markets – driving a need for a comprehensive collateral management solution to process and confirm collateral settlements quickly and securely. The Margin Transit Utility (MTU) addresses this challenge by providing straight-through margin and collateral processing and settlement for dealers, buy-side firms, administrators and custodians. MTU, offered by GlobalCollateral, streamlines and standardizes collateral management for OTC derivatives transactions and other marginable products. MTU maximizes flexibility for counterparties by accommodating bilateral and triparty workflows. The integration with ALERT allows the creation and maintenance of collateral standing settlement instructions (SSIs) and enables real-time enrichment of collateral SSIs for margin calls in MTU.
To find out more about GTR, visit www.globalcollateral.net
Dodd-Frank stipulates minimum requirements for the creation and preservation of records.
Sell-side participants are required to maintain trade confirmations for no less than three years, keeping the records in “an easily accessible place” for the first two years. Buy-side participants, on the other hand, must maintain records in an easily accessible place for no less than five years, the first two in the office of the advisor.
CTM Confirm Archive is a real-time, web-based service that allows CTM users to electronically search and retrieve matched trade confirmations.
CTM enables clients to meet settlement requirements through its automated Straight-Through-Processing (STP) of trades.
To find out more about CTM, visit dtcc.com/ctm.
CFTC regulation requires transaction data to be captured across all derivative asset classes and a unique legal entity identifier (LEI) allows entities involved in those derivatives transactions to be easily identifiable.
The GMEI utility, owned and operated by Business Entity Data (BED) B.V., a wholly owned subsidiary of DTCC, is the largest Global LEI Foundation (GLEIF)-accredited Local Operating Unit (LOU) that provides LEI registrations, renewals and other services to firms involved in financial transactions globally.
To find out more about GMEI utility visit gmeiutility.org.
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