Of all the regulatory changes that have been proposed or implemented, the biggest potential game changer for the OTC derivatives markets are the collateral requirements that will now be imposed on all derivatives transactions.
Collateralization is, to be sure, common practice and an integral risk management tool in the OTC derivatives market today. The growing number of cleared OTC derivatives trades (more than 50% of the IRS market, for example) are subject to both initial (IM) and variation (VM) margins. The terms of collateralization are governed by the Credit Support Annex (CSA) to the ISDA Master Agreement.
To put this in context, collateralization of OTC derivative trades was something that was left to negotiation between two parties who would, based on their assessment of each other, customize and set terms accordingly. Those terms could (or not) include an initial margin (in most cases not), a requirement to post collateral if the mark-to-market exceeded certain levels (threshold amounts), and the type of collateral, frequency of collateral calls, and others.
However, in a broad swipe, new regulations across geographies make collateralization mandatory. More OTC derivatives will be required to be cleared, meaning that counterparties will now need to post IM and VM for them. Similar rules are soon to be unveiled by a group of global regulators, led by the US Federal Reserve Board, for transactions that are not suitable for clearing. By all indications, such collateralization requirements are likely to be more severe than those cleared, if nothing else to induce further use of clearing, and also because such transactions are likely to be less liquid and/or less frequently traded, requiring more collateral.
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