U.S. Financial Industry Developments

ISDA, AFME, ICMA, SIFMA and SIFMA AMG Publish Global Benchmark Report

The International Swaps and Derivatives Association (ISDA), the Association of Financial Markets in Europe (AFME), International Capital Market Association (ICMA) and the Securities Industry and Financial Markets Association (SIFMA) and its asset management group (SIFMA AMG) have published a new report that assesses the issues involved with benchmark reform, and makes recommendations on steps firms can take to prepare for the transition from interbank offered rates (IBORs) to alternative risk-free rates (RFRs). Click here to read the full report.

Federal Reserve Board Approves Rule to Limit Risk Concentration Among Systemically Important Financial Firms

On June 14, 2018, the Federal Reserve Board (the "Board") approved a rule to limit the concentration of risk between global systemically important bank holding companies ("GISB") and their counterparties. Under the rule, a GISB would be limited to a credit exposure of no more than fifteen (15) percent of such GISB's tier 1 capital to another systemically important financial firm, and a bank holding company with over $250 billion in total consolidated assets would be limited to a credit exposure of no more than twenty-five (25) percent of its tier 1 capital to a counterparty. Release.

European Financial Industry Developments

European Commission Provides Guidance on MiFID II Ancillary Activity Test

A letter from the European Commission Vice President was published on June 22, 2018 which sought to clarify the exemption found in Article 2(1)(j) of the MiFID II Directive (the "Exemption").

The Exemption states that the regulated activities of dealing on own account and providing investment services in relation to commodity derivatives will be exempt from the rules contained in the MiFID II Directive provided that the activities are "ancillary" to the main business.

The letter, addressed to Steven Maijoor, stated that in establishing if the Exemption applies, the MiFID activities that the person is engaged in will be compared with the commercial activities of the person or group which the person forms. This therefore accounts for varying commercial structures whereby business activities of a group may be separated into different legal entities.

The full letter explaining the Exemption and when it applies is available here.

ICMA Highlights Cliff-Edge Risks of Brexit

The International Capital Markets Association ("ICMA") published an open letter to Jean-Claude Juncker and Theresa May on June 22, 2018. In the letter the ICMA outlined concerns around potential "cliff-edge risks" which may arise upon the UK leaving the EU.

Some of the issues highlighted in letter include data-sharing, restrictions on cross-border fund management and the continuity of contracts. The ICMA states that it is unfeasible for companies to account for the various potential issues. They also explain that many of the risks highlighted in the letter cannot be resolved by unilateral decisions and will require both the EU and UK to take action.

The ICMA requests either the grandfathering of cross-border financial contracts between the EU and UK following Brexit or a separate agreement addressing the various potential risks.

The full letter is available here.

IBA Publishes Code on Conduct on LIBOR

The ICE Benchmark Administration ("IBA") released issue 5 of the LIBOR code of conduct on June 19, 2018. This document is intended to provide guidance as to the appropriateness of LIBOR as a benchmark rate in agreements, whilst also setting out a framework under which banks are to operate.

The publication of the code of conduct follows the draft version which was circulated in April 2018 and is available here. The code of conduct supersedes the previous issue.

Rating Agency Developments

On June 19, 2018, Fitch published its rating criteria for U.S. Federal Family Education Loan Program Student Loan ABS. Release.

On June 19, 2018, Fitch published its rating criteria for EMEA CMBS. Release.

On June 19, 2018, Moody's published a rating methodology for Debtor-in-Possession Lending. Release.

On June 18, 2018, Fitch published its rating criteria for U.S. RMBS. Release.

On June 15, 2018, Fitch published its rating criteria for Distressed Debt Exchanges. Release.

On June 15, 2018, Moody's published a cross-sector rating methodology on General Principles of Liquidity Risk Assessment. Release.