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Home > News & Events > Press Releases

Joint Press Release
April 12, 2011

Agencies seek comment on swap margin and
capital requirements
Board of Governors of the Federal Reserve System
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Housing Finance Agency
Office of the Comptroller of the Currency
For immediate release
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Five federal agencies are seeking comment on a proposed rule to
establish margin and capital requirements for swap dealers, major swap
participants, security-based swap dealers, and major security-based
swap participants as required by the Dodd-Frank Wall Street Reform
and Consumer Protection Act.
The rule is proposed by the Federal Reserve Board, the Farm Credit
Administration, the Federal Deposit Insurance Corporation, the Federal
Housing Finance Agency, and the Office of the Comptroller of the
Currency. The proposed rule would require swap entities regulated by
the five agencies to collect minimum amounts of initial margin and
variation margin from counterparties to non-cleared swaps and noncleared, security-based swaps.
The amount of margin that would be required under the proposed rule
would vary based on the relative risk of the counterparty and of the swap
or security-based swap. A swap entity would not be required to collect
margin from a commercial end user as long as its margin exposure is

below an appropriate credit exposure limit established by the swap
entity. A swap entity would also not be required to collect margin from
low-risk financial end users as long as its margin exposure does not
exceed a specific threshold. The proposed margin requirements would
apply to new, non-cleared swaps or security-based swaps entered into
after the proposed rule's effective date. The proposal also seeks
comment on several alternative approaches to establishing margin
requirements.
Provisions in the Dodd-Frank Act also require the agencies to establish
capital requirements for regulated swap entities. The proposed rule
would implement these provisions by requiring swap entities to comply
with the existing capital standards that apply to those entities as part of
their prudential regulation, as those capital standards already address
non-cleared swaps and non-cleared, security-based swaps.
Staff of the agencies consulted with staff of the Commodity Futures
Trading Commission and the U.S. Securities and Exchange Commission
in developing the proposed rule.
The agencies request comments on the proposed rule by June 24,
2011.
Federal Register notice: HTML | PDF

Media Contacts:
Media Contacts:
Federal
Barbara
Reserve
Hagenbaugh
FCA

Christine Quinn

FDIC

David Barr

FHFA

Stefanie Johnson

OCC

Kevin Mukri

(202) 4522955
(703) 8834108
(202) 8986992
(202) 4146376
(202) 8745770

Last Update: April 12, 2011

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