UK FCA consults on exemptions to margin requirements for non-centrally cleared derivatives

CP13/23 – Margin requirements for non-centrally cleared derivatives: Amendments to BTS 2016/2251

This consultation paper (CP) sets out the Prudential Regulation Authority’s (PRA) and Financial Conduct Authority’s (FCA) proposal to extend the temporary exemptions for single-stock equity options and index options from the UK bilateral margining requirements from 4 January 2024 until 4 January 2026. This CP also sets out the PRA’s and the FCA’s proposed approach to model pre-approval in relation to bilateral initial margin models.

The proposal to extend the temporary exemptions for single-stock equity options and index options from the UK bilateral margining requirements in this CP would result in changes to the UK version of Commission Delegated Regulation (EU) 2016/2251 of 4 October 2016 and the regulatory technical standards for risk-mitigation techniques for over-the-counter (OTC) derivative contracts not cleared by a central counterparty (hereafter Binding Technical Standards (BTS) 2016/2251). This BTS supplements Article 11(15) of Regulation (EU) 648/2012 on OTC derivatives, central counterparties, and trade repositories (UK European Market Infrastructure Regulation (EMIR)).

The proposals in this CP aim to:

  • maintain the status quo under the temporary exemptions for single-stock equity options and index options from the UK bilateral margining requirements until 4 January 2026, allowing the PRA and the FCA to gather the evidence necessary to create a permanent regime; and
  • set out the PRA’s and the FCA’s approach to model pre-approval in relation to bilateral initial margin models.

The full consultation paper is available at https://www.bankofengland.co.uk/prudential-regulation/publication/2023/july/margin-requirements-for-non-centrally-cleared-derivatives

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