BCBS/IOSCO recommended two types of margins: the margin of variation for current mark-to-market movements; and the initial margin for future exposure. The differences between the two will be discussed later in this briefing, but the key difference is that the initial margin must be separated from the margin beneficiary`s bankruptcy and therefore cannot be provided on the basis of the transfer of securities. As such, institutions that prepare margin documentation will not be able to complete it without knowing important information about their trading partners. B such as their jurisdiction, regulatory status and size (and group) derivatives trading activity. While some institutions have certain information about their counterparties, they require additional information from their counterparties in order to establish the correct documentation on margins. On 31 March 2016, the Financial Services Agency of Japan (FSA) published a series of final rules on margin requirements. The final regulations include the ministerial decree, FSA communications 15 – 17 and a series of revised surveillance guidelines. On July 7, 2016, The Securities Administrators of Canada (CSA) released a consultation paper out of the committee`s policy recommendations regarding margin requirements for non-consistent derivatives regulated by provincial securities regulators. The notice period expired on September 6, 2016 and the Committee is now reviewing the notices received.
On August 16, 2016, ISDA released the isda Variation Margin Protocol 2016 (PROTOCOLE VM). The VM protocol allows parties to modify their existing credit support documents or enter new credit support documents in a manner consistent with regulatory line of credit requirements. An operator who wishes to use the VM protocol complies with the VM protocol by sending a letter to the ISDA, as well as the applicable loyalty fee. The level of the margin of change varies depending on specific market conditions and price movement during the day. The margin of change in additional funds may be considered necessary by a broker if the equity balance is less than the minimum margin or the initial margin requirement. This credit request is called Margin Call. The documentation of margins between two parties that followed the VM protocol will therefore be a combination of the VM protocol and the questionnaire – the VM protocol itself will not be sufficient to produce marginal documentation. The VM protocol only enters into force between two parties concerned if they have exchanged “consistent” questionnaires. Institutions with a large volume of business relationships requiring regulatory margin may find that the VM protocol facilitates the establishment of identical (or similar) agreements with multiple counterparties.