The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Fri, 07 Aug 2026 11:32:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.9 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Segregation of Initial Margin Posted in Connection with Uncleared Swaps – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Segregation of Initial Margin Posted in Connection with Uncleared Swaps https://corpgov.law.harvard.edu/2014/04/19/segregation-of-initial-margin-posted-in-connection-with-uncleared-swaps/?utm_source=rss&utm_medium=rss&utm_campaign=segregation-of-initial-margin-posted-in-connection-with-uncleared-swaps https://corpgov.law.harvard.edu/2014/04/19/segregation-of-initial-margin-posted-in-connection-with-uncleared-swaps/#comments Sat, 19 Apr 2014 13:00:14 +0000 http://blogs.law.harvard.edu/corpgov/?p=62493?d=20141215162929EST Posted by Noam Noked, co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Saturday, April 19, 2014
Editor's Note:

The following post comes to us from Leigh R. Fraser, partner and co-head of the hedge funds group at Ropes & Gray LLP, and is based on a Ropes & Gray publication by Ms. Fraser, Isabel K.R. Dische, and Molly Moore.

Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act and Commodity Futures Trading Commission (“CFTC”) Rules 23.702 and 23.703 thereunder (together, the “Rules”), swap dealers are required to notify their counterparties that they have the right to require segregation with a third-party custodian of any initial margin (also known as “independent amounts”) posted to the swap dealer in connection with uncleared swaps. As a result of these new rules, the International Swaps and Derivatives Association (“ISDA”) recently published a form of notification and a set of frequently asked questions regarding these rules. All buy-side entities that trade in uncleared swaps with swap dealers (including buy-side entities that already post their margin with a third-party custodian, such as registered investment companies, and buy-side entities that do not post initial margin) should receive a copy of the notification from their swap dealer counterparties in the coming weeks or months and should plan to respond promptly to the notification in order to avoid any trading disruptions.

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