This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the...

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Bibliographic Details

Main Author:	Arias-Barrera, Ligia Catherine (Author)
Format:	Electronic eBook
Language:	English
Published:	Abingdon, Oxon Routledge 2018
Series:	Routledge research in finance and banking law Routledge research in finance and banking law
Subjects:	Derivative securities / Law and legislation / Great Britain Over-the-counter markets / Law and legislation / Great Britain Derivative securities / Law and legislation / United States Over-the-counter markets / Law and legislation / United States
Online Access:	Volltext
Summary:	This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken. the author's comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of 'innovation risk'; in particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs
Item Description:	Based on author's thesis (doctoral - University of Warwick, 2016) issued under title: Fractures of the UK regulation and supervision of central counterparties in the OTC derivatives market Description based on print version record
Physical Description:	1 online resource (xiii, 279 pages.)
ISBN:	9781351797719 1351797719