Joint Letter on Posting Cash and Money Market Funds for Initial Margin

Published on:
August 1, 2019
Submitted to:
CFTC, OCC, FRB
Submitted by:
SIFMA, ISDA, MFA, ICI, IMMFA, SIFMA AMG

Summary

SIFMA, ISDA, MFA, ICI, IMMFA, SIFMA AMG sent comments to the CFTC, OCC, FRB requesting US regulators provide relief or amendments pertaining to posting money market funds as initial margin to covered swap entities, including swap dealers, security-based swap dealers, major swap participants, and major security-based swap participants and their counterparties which will become subject to the initial margin requirements of the Margin and Capital Requirements for Covered Swap Entities and the Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants. Specifically, we request that the US prudential regulators and the CFTC provide relief or rule amendments to expand the types of money market funds that can be used as eligible collateral, including allowing non-US MMFs. We also request that the US prudential regulators permit substituted compliance with EU margin rules.

Excerpt

To: Commodity Futures Trading Commission

Board of Governors of the Federal Reserve System

Department of the Treasury/Office of the Comptroller of the Currency

Farm Credit Administration

Federal Deposit Insurance Corporation

Federal Housing Finance Agency

Re: Posting Cash and Money Market Funds for Initial Margin

Ladies and Gentlemen,

The International Swaps and Derivatives Association (“ISDA”), Managed Funds Association (“MFA”), Securities Industry and Financial Markets Association’s Asset Management Group (“SIFMA AMG”), Investment Company Institute (“ICI”), Institutional Money Market Funds Association (“IMMFA”), and Securities Industry and Financial Markets Association (“SIFMA”) are requesting that US regulators provide relief or amendments pertaining to posting money market funds (“MMF”s) as initial margin to covered swap entities, including swap dealers, security-based swap dealers, major swap participants, and major security-based swap participants (collectively, “CSEs”) and their counterparties which will become subject to the initial margin (“IM”) requirements of the Margin and Capital Requirements for Covered Swap Entities1 (“USPR rule”) and the Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants2 (“CFTC rule”) (collectively, the “US Margin Rules.”) Specifically, we request that the US prudential regulators and the CFTC provide relief or rule amendments to expand the types of money market funds that can be used as eligible collateral, including allowing non-US MMFs. We also request that the US prudential regulators permit substituted compliance with EU margin rules.

Both in the United States and European Union, MMF regulations allow for the use of repurchase and reverse repurchase agreements, and the prospectuses for a large majority of MMFs in both jurisdictions contemplate the use of these transactions to properly manage short term liquidity. The US Margin Rules restrict such activity in the conditions for use of MMFs as eligible collateral, even though these same restrictions do not apply to use of MMFs as collateral for cleared swaps. EU margin rules for uncleared derivatives transactions also do not restrict MMFs’ use of repurchase or reverse repurchase transactions3. Consequently, parties subject to both EU and US margin requirements have limited options for using MMFs as collateral absent US regulators granting substituted compliance with the EU margin rules. Unless remedied, the use of MMFs as eligible collateral for IM will be extremely limited and the global market will be bifurcated by regulatory regime.

Continue Reading > 

Details

Download

More Content

  • Amicus Briefs
    Oct 05, 2026

    In re The Boeing Company Securities Litigation

  • Letters
    Oct 05, 2026

    Reducing Duplicative Regulation and Expanding Exemptions for Commodity Pool Operators and Commodity Trading Advisors

    SIFMA AMG comments on CFTC proposals to reduce duplicative regulation for certain CPOs and CTAs and account for inflation.
  • Letters
    Sep 30, 2026

    Proposed Rule Change to Amend FINRA Rules 0150, 2165, 4512 and to Adopt FINRA Rule 2166

    SIFMA Comments to SEC in support of the proposed rule changes to improve the utilization of Rules 2165 and 4512, as well as the new Rule 2166 to allow for a temporary delay for suspected fraud.

Get the latest trends, stats, and research on financial markets and securities.