About a-team Marketing Services
The knowledge platform for the financial technology industry
The knowledge platform for the financial technology industry

A-Team Insight Blogs

SEC’s Cox Calls for Congress to Regulate CDS Market, Continues Debate with CFTC About Jurisdiction

Subscribe to our newsletter

Originally appeared in MiFID Monitor

Securities and Exchange Commission (SEC) chairman Christopher Cox has repeatedly urged the US Congress to pass legislation concerning the oversight of the credit default swap (CDS) market. Cox again made a plea to the US government last week to provide regulation of the sector as a matter of urgency. However, Bart Chilton, commissioner of the Commodity Futures Trading Commission (CFTC), who has also been campaigning for CDS regulation, says that oversight should remain under the jurisdiction of the commodity futures regulator.

It is widely agreed that the OTC credit derivatives sector is in need of stronger regulation. For example, the recent failure of American International Group (AIG) and its subsequent need for government bailout have been attributed to its exposure to the CDS market. Accordingly, the firm’s two recent chief executives, Martin Sullivan and Robert Willumstad, have both given public support to the introduction of further regulation in the market.

However, exactly who will be responsible for enforcing this regulation is still up for debate. The subject of CFTC’s regulatory scope with regards to CDSs will be discussed this week during hearings of the House and Senate agriculture committees, which have jurisdiction over the CFTC. Unfortunately, these discussions will not deal with the issue of which regulatory body (CFTC or SEC) will perform regulatory oversight over the sector in the long run.

There have been calls in the past for the SEC’s role to be expanded to cover the regulation of swaps and, last week, Republican Edward Markey reintroduced a bill that would expand the SEC’s coverage of derivatives. Currently, swaps are not defined as securities because they are traded off exchange and thus do not fall under the SEC’s remit.

Talks about the imminent establishment of clearing bodies for the CDS market are also ongoing at the moment, as market players including CME Group, Eurex and ICE provide more details about their respective planned platforms. It seems that against a background of a regulatory turf war and a battle for supremacy in the clearing house market, it is no wonder that the sector is experiencing such turbulence.

Subscribe to our newsletter

Related content

WEBINAR

Recorded Webinar: Managing Non-Financial Misconduct Under SMCR

Non-financial misconduct – encompassing behaviours such as bullying, sexual harassment, and discrimination is a key focus of the Senior Managers and Certification Regime (SMCR). The Financial Conduct Authority (FCA) has underscored that such misconduct is not only unethical but also poses significant risks to a firm’s culture and operational integrity. Recognizing the profound impact on...

BLOG

S&P Global Data via Cloud: Unlocking Real-Time, Scalable Insights with Snowflake and Databricks Delta Sharing

As organisations accelerate their cloud migration strategies to manage growing volumes of structured and unstructured data, demand is rising for secure, real-time, cloud-native access to trusted datasets. Leveraging Snowflake and Databricks Delta Sharing, S&P Global provides a scalable, agile foundation that allows organizations to directly access and query S&P Global and curated third-party datasets without...

EVENT

TradingTech Summit New York

Our TradingTech Summit in New York is aimed at senior-level decision makers in trading technology, electronic execution, trading architecture and offers a day packed with insight from practitioners and from innovative suppliers happy to share their experiences in dealing with the enterprise challenges facing our marketplace.

GUIDE

MiFID II handbook, third edition – How compliant are you?

Six months after Markets in Financial Instruments Directive II (MiFID II) went live, how compliant is your organisation? If you took a tactical approach to cross the compliance line on January 3, 2018, how are you reviewing and renewing systems to take a more strategic approach and what are the business benefits of doing so?...