Skip to main content
Unpublished Paper
Regulation of Over-the-Counter Derivatives: A Comparative Study of Proposals in Singapore and Hong Kong
(2012)
  • Christopher Chao-hung Chen, Singapore Management University
Abstract
This article identifies some of the potential legal and policy issues involved in the future regulation of over-the-counter (OTC) derivatives. First, regulators must be cautious in the regulation and solvency of some mammoth clearing-houses. Second, Singapore and Hong Kong both face challenges in the areas of global regulatory cooperation and extra-territorial regulatory effects. Third, the exact scope of a clearing obligation determines whether there is any regulatory competition or room for regulatory arbitrage in the future. Fourth, there are legal definition problems with the term ‘derivative’ and its sub-categories that must be addressed. Fifth, there are potential privacy and civil liability issues in relation to trade reporting. We will continue to monitor these legal and market issues as they develop.
Keywords
  • OTC derivative,
  • financial regulation,
  • Hong Kong,
  • Singapore,
  • clearing,
  • CCP,
  • trade reporting
Publication Date
2012
Citation Information
Christopher Chao-hung Chen. "Regulation of Over-the-Counter Derivatives: A Comparative Study of Proposals in Singapore and Hong Kong" (2012)
Available at: http://works.bepress.com/christopher_chen/16/