FINMA supervisory notification 08/2020: LIBOR replacement in the derivatives sector
2020-10-16 | News & Media

FINMA supervisory notification 08/2020: LIBOR replacement in the derivatives sector

The Swiss Financial Market Supervisory Authority FINMA recommends that the supervised parties affected by the LIBOR replacement sign the new Fallback Protocol of the International Swaps and Derivatives Association (ISDA) in the shortest time possible.

The expected date of the elimination of LIBOR, i.e. the end of 2021 is getting closer. However, FINMA continues to consider the end of LIBOR to be one of the greatest operational risks for its supervised institutions. In order to successfully minimize the high risks associated with the elimination of LIBOR and in the context of the many derivative contracts affected and the high total contract volume, FINMA regards the broad application of the new ISDA fallback documents as essential in order to successfully cope with the elimination of LIBOR. It recommends that the supervised parties concerned sign the new ISDA fallback protocol, ideally before it is launched ("Adherence in escrow" process) and, wherever possible, before the date it comes into force. The analogous adjustment of the Swiss framework agreement for OTC derivatives of the SBA, as well as similar adjustments of other framework agreements, should be signed as early as possible as early as possible.

Source: https://www.finma.ch/en/news/2020/10/20201016-meldung-aufsichtsmitteilung-08-2020/

Legal disclaimer. This article does not constitute legal advice and does not establish an attorney-client relationship. The article should be used for informational purposes only.

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The Swiss Financial Market Supervisory Authority FINMA recommends that the supervised parties affected by the LIBOR replacement sign the new Fallback Protocol of the International Swaps and Derivatives Association (ISDA) in the shortest time possible.