Weekly Derivatives Legislative and Regulatory Update – November 22, 2024

Weekly Derivatives Legislative and Regulatory Update – November 22, 2024

Stay informed with the latest developments in derivatives legislation and regulation as of November 22, 2024, including key updates from the SEC and CFTC.

SEC Chair Gensler Announces Departure

On November 21, the Securities and Exchange Commission (SEC) announced that Chair Gary Gensler will step down from his position effective January 20, 2025. Gensler’s tenure has been marked by significant regulatory initiatives aimed at enhancing market transparency and investor protection. His departure is expected to prompt discussions regarding potential successors and the future direction of the SEC’s regulatory agenda.

CFTC Advances Tokenized Non-Cash Collateral Recommendation

The Commodity Futures Trading Commission’s (CFTC) Global Markets Advisory Committee (GMAC), under the sponsorship of Commissioner Caroline D. Pham, has advanced a recommendation to expand the use of non-cash collateral through distributed ledger technology. This initiative aims to modernize collateral management practices and enhance the efficiency of derivatives markets. The GMAC’s Digital Asset Markets Subcommittee also reported progress on its Utility Tokens workstream, reflecting the CFTC’s commitment to integrating digital assets into the regulatory framework.

UK FCA Proposes Enhanced Transparency in Bonds and Derivatives Markets

The UK’s Financial Conduct Authority (FCA) has outlined plans to improve transparency in the bond and derivatives markets. The proposed measures include a simplified post-trade transparency process designed to protect liquidity providers from undue risk and reduce compliance costs for investment firms and trading platforms. These changes are scheduled to take effect on December 1, 2025, and are expected to bolster investor confidence and market integrity.

CME Group Receives Approval to Operate as Futures Broker Amid Criticism

The CME Group, the world’s largest derivatives exchange, has obtained approval to function as a futures broker. This development has drawn criticism from customers who express concerns over potential conflicts of interest and risks to market regulation. The Futures Industry Association (FIA) and various financial executives have voiced apprehensions about systemic risks and the blurring of traditional roles between exchange operations and brokerage functions.

India Tightens Derivatives Trading Rules Following Retail Surge

In response to a significant increase in derivatives trading among young retail investors, the Securities and Exchange Board of India (SEBI) has implemented stricter regulations. These include raising the minimum contract size for index derivatives to ₹1.5 million and limiting tradable weekly options contracts to one per exchange starting in November. These measures aim to mitigate risks associated with high-leverage trading and protect retail investors from potential losses.

Asset Managers Plan High-Risk Investment Products Post-Regulatory Changes in India

Following recent regulatory changes by SEBI, both domestic and international asset managers are preparing to launch high-risk investment products. These offerings, which include long-short equity and derivative-based strategies, require a minimum investment of ₹1 million. Major asset managers are overseeing a significant portion of India’s mutual fund assets plan to introduce these options within the next six to eight months, targeting investors seeking higher-risk, higher-reward opportunities.