ARTICLE
10 October 2019

ISDA CEO Calls For Changes To Current CVA Capital Rules

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
ISDA CEO Scott O'Malia called for specific changes to the current credit valuation adjustment ("CVA") capital framework, criticizing the requirements for not being appropriate or risk-sensitive.
United States Finance and Banking

ISDA CEO Scott O'Malia called for specific changes to the current credit valuation adjustment ("CVA") capital framework, criticizing the requirements for not being appropriate or risk-sensitive.

In a post on ISDA's derivatiViews blog, Mr. O'Malia argued that, based on the results gathered from a quantitative impact study,1 the CVA framework as it stands could:

  • cause an "inappropriate[]" rise in capital requirements for derivatives businesses;

  • hurt users by making derivatives (i) more costly and (ii) less accessible for users when hedging their risks;

  • increase capital charges on exposures hedged at the portfolio level due to a lack of recognition of CVA hedges (in particular, those that employ index credit default swaps ("CDS") and proxy single-name CDS); and

  • require capital beyond what is appropriate, due to the insufficient "convergence" between regulatory CVA and market practice.

Footnotes

1 Mr. O'Malia indicated that the results of the study are subject to nondisclosure agreements but have been presented to the Basel Committee on Banking Supervision for consideration.

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