ISDA and FIA respond to CPMI-IOSCO consultation on FMI general business losses
The International Swaps and Derivatives Association (ISDA) and Futures Industry Association (FIA) have submitted a joint response to the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) consultation on the management of general business risks and general business losses by financial market infrastructures (FMIs). The associations supported the principle that infrastructures should maintain sufficient resources to absorb losses for which they are solely responsible, as these losses arise from risks within their control and should not be allocated to participants. They welcomed a more prescriptive approach, noting that previous international assessments identified significant inconsistencies and gaps in existing practices. ISDA and FIA called for clearer and more consistent standards for identifying loss scenarios, determining the size of liquid net assets funded by equity, and setting expectations for transparency, governance and stakeholder engagement. They recommended increasing the minimum equity-funded resource requirement beyond six months of operating expenses, adopting common scenario standards across infrastructures, improving disclosure of risk management assumptions and available resources, and conducting post-guidance assessments to support global convergence. The associations also reiterated their opposition to the use of variation margin gains haircutting to cover general business losses, citing its misalignment with the nature of such losses and its potential to undermine market stability.