Comparing Collateral Segregation Regimes For Uncleared Swap Margin

The proposed margin rules from the CFTC and the prudential regulators, when considered alongside the existing CFTC collateral segregation rules, present the potential for three different collateral segregation regimes applying to initial margin posted to a swap dealer. To compare the differences, we have created a chart of the three collateral segregation regimes, available here.

The Dodd-Frank Act provided the customers of swap dealers the "right" to require segregation of initial margin for uncleared swaps, instead of posting such margin directly with the swap dealer. In November of 2013, the CFTC released the final rules implementing collateral segregation for initial margin on uncleared swaps (the "CFTC Collateral Segregation Rules"). See our prior post for a Q&A on the CFTC Collateral Segregation Rules.