New Financial Requirements for Issuers of Over-the-Counter Derivatives

ASIC today released new financial requirements for Australian financial services licensees who issue over-the-counter (OTC) derivatives to retail clients, including contracts for difference and margin foreign exchange. The changes aim to ensure these AFS licensees have adequate financial resources to operate their business in compliance with the Corporations Act and to carry out supervisory arrangements. The requirements, implemented through Class Order Adequate financial resources for financial services licensees that issue OTC derivatives to retail clients and outlined in Regulatory Guide 239 Retail OTC derivative issuers: Financial requirements build on the general guidance in Regulatory Guide 166 Licensing: Financial requirements, by addressing the particular operational risks and characteristics of the retail OTC derivatives sector.

Originally Published: 
31/07/2012