ISLA Responds to FSB Consultation on Haircuts
ISLA has submitted a response to the FSB’s consultation on extending the application of minimum haircut floors to SFTs between non-banks. In our response we broadly agree that numerical floors should be extended to transactions between non-banks. The letter also requests clarification from the FSB on certain aspects of the final haircut framework. A copy of the letter can be found here.
ISLA has issued an updated ALD approval of principals best practice paper.
The update relates to the provision of information regarding evidence of authority and capacity which a principal requires in order to engage in Securities Lending transactions.
Copies can be found here
ISLA Responds to Central Bank of Ireland consultation on UCITS rulebook (CP84)
ISLA has submitted a response to the CBI's consultation on proposed revisions to its UCITS rulebook. The consultation concerns the CBI's approach to implementing the derogation from the collateral diversification requirements contained in the ESMA Guidelines on ETFs and Other UCITS (ESMA/2014/294). ISLA does not support the CBI's more restrictive proposals and argues that the requirements of the ESMA Guidelines provide sufficient protection for UCITS that engage in efficient portfolio management techniques. A copy of ISLA's letter can be found here.
ISLA has responded to ESMA’s consultation on various aspects of MiFID II concerning two key areas that relate to the securities lending market. The first covers some proposed restrictions on the use of Title Transfer Financial Collateral Arrangements (TTCA) and the second, some requirements for MiFID regulated firms to report securities lending activity to clients. ESMA is considering the extent to which TTCA should be restricted for retail and potentially other clients, to ensure that firms do not use TTCA to avoid client safekeeping of assets responsibilities. ISLA argues that securities lending undertaken by banks and investment firms for investors should fall outside of the proposed restrictions, as a) these arrangements do not result in avoidance of client asset safekeeping rules, and b) the restrictions would be damaging to markets and investors. Regarding reporting to clients, ISLA requests that MiFID II requirements should defer to the new rules that will be established under the Securities Finance Regulation. The response can be found here.