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Using AI to facilitate credit decisions poses regulatory problems
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Obligating clearing members to offer indirect clearing is likely to decrease competition and increase counterparty risk, according to an industry response to the European Securities and Markets Association.
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The requirement from the European Securities and Markets Authority to require a central counterparty to deduct at least 50% of its regulatory capital requirements from its regulatory capital resources is not suitable, according to the International Swaps and Derivatives Association.
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Smaller hedge funds based in Asia are the least prepared to comply with incoming U.S. over-the-counter derivative rules, which the U.S. Commodity Futures Trading Commission is expected to publish Aug., according to lawyers.
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Australia is still lacking clear guidance from regulators on dealer’s use of client money as margin collateral for retail over-the-counter derivatives, the last missing piece in the overhaul of the country’s risk management regime, according to lawyers.
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Further clarity is needed in respect to article 25 (1) of the European Market Infrastructure Regulation, according to the International Swaps and Derivatives Association. Article 25 (1) prohibits non-E.U. central counterparties from providing clearing in the E.U. unless recognized by the European Securities and Markets Association, and ISDA has warned European lawmakers that a number of issues still remain to be settled, such as whether non-E.U. CCPs will be able to obtain recognition from the regulatory body before the prohibition comes into effect.
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The Australian Treasury is looking to change the country’s main financial law to enhance its oversight of over-the-counter derivatives.