The Deal
Saturday, November 21, 
3:55 am

NYS to regulate $62 trillion credit default swap market

  Share     E-Mail    Discussion (2)     Print Story

gov_paterson.jpgNew York State is jumping into the $62 trillion credit default swaps marketplace with both feet Monday, as Governor David Paterson announced that the state will begin regulating part of the market beginning in January.

Continue reading below

Also on Dealscape

After the near-death experience of American International Group Inc. last week, regulators are rushing to get a handle on the largely unregulated CDS market, which is felt by many to pose a systemic threat to the global economy. CDSs are contracts that act as insurance policies to protect against debt default. Holders of debt securities will buy protection from dealers such as AIG, Deutsche Bank AG, Goldman, Sachs & Co. and J.P. Morgan Chase & Co., and, if default occurs, the CDS contract seller agrees to pay the buyer the face value of the debt security in question.

The New York Insurance Department issued new guidelines that establish some CDSs as insurance, making them subject to state regulation. According to CBS news, the new standards include:

  • Strictly limit financial guarantee insurers from guaranteeing collateralized debt obligations or "CDOs" -- securities based on the payments from many mortgages. These CDOs, often based on subprime mortgages, have caused substantial financial difficulties for many commercial and investment banks. Credit default swaps on CDOs are the source of a large part of AIG's financial troubles.
  • Institute a number of measures to limit risks for financial guarantee insurers. For example, the rules better define concentration risk, which is the risk from insuring too many bonds from a single source. The new rules include originators and servicers of debt as sources to consider.
  • Require written risk control and underwriting policies.
  • Increase the minimum amount of capital and reserves a financial guarantee insurer must maintain.
  • Expand reporting requirements.

While the New York Insurance Department is the first agency to move to directly regulate default swaps, regulators and the industry began moving toward bringing more clarity and organization to the CDS market after Bear Stearns Cos. barely skirted bankruptcy in March. At the urging of the Fed, the industry set into motion plans to create a clearinghouse to manage the market, with Clearing Corp. being chosen in May by leading banks and brokers to set up an exchange for the derivatives that is expected to begin operating in the third quarter. - George White and Vipal Monga

See CBS story
See feature on credit default swaps on TheDeal.com






Comments

From: Mario Sikorski,

Why SEC allowed to deregulate the market in the first place? And now wants regulate? Why all of the looniest brains run the governments and institutions of public trust? More chaos on the way. Just wait and see.


From: shoelover,

Rumor has it that NY state also invented a Time machine that will take them 10 years into the past................


Post a comment





The Deal Pipeline

Deal Video


Inside The Deal: Avaya Inc.'s Mohamad Ali on the company's next target.


More video...

Crisis On Wall Street
Technology
Deals of The Decade

Community

Industry Insight

Managing your shareholder base

Growth companies and their PE sponsors should be wary of the pitfalls that arise when they layer on tiers of preferred stock.


Industry Insight

Easing the stress of distressed M&A

Corporate buyers face numerous complexities when trying to identify the right moment to purchase a distressed asset.


Editor's Note

Editor's letter: Nov. 16, 2009

Beneath the veneer of Wall Streeters beats the same heart, stirred by the same determinants of behavior.


footspacer.jpg footspacer.jpg footspacer.jpg footspacer.jpg footspacer.jpg


©Copyright 2009, The Deal, LLC. All rights reserved. Please send all technical questions, comments or concerns to the Webmaster.