The Advent of Portfolio Margining by Michael Jamroz
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Clearing the Deck A Historic Change in the Leveraging of Securities Purchasing: The Advent of Portfolio Margining By Michael Jamroz n December 12, 2006, the Securities eligible products to any margin eligible Options Clearing Corporation to determine Oand Exchange Commission approved equity security and any derivative based on margin requirements for its members. proposed amendments to the margin rules of an equity security or equity security based Although OCC now uses a model known as the New York Stock Exchange and the index. “STANS” to determine its margin require- Chicago Board Options Exchange. Those The amendments to NYSE Rule 431 and ments, it has agreed to provide certain assis- amendments will dramatically alter the CBOE Rule 12.4—the portfolio margin tance in the application of portfolio amount of credit that securities firms may rules—will allow securities firms that are margining, as discussed later in this article. extend to their customers. Instead of the per- members of those organizations to use a pre- Under the portfolio margin rules, the secu- centage-based margin requirements embed- scribed mathematical model to compute rities firm must aggregate all eligible positions ded in federal and self-regulatory organization margin requirements on all margin-eligible for the customer into a separate margin margin rules, U.S. securities firms will now be equity-based products. Those products account or sub-account clearly identified as a able to apply a prescribed quantitative model include: “portfolio margin account.” Those positions to determine margin requirements for equity • Equity securities that have a “ready market” must be sorted into positions that are related securities and positions related to equity secu- under SEC Rule 15c3-1 and certain other because they are associated with the same rities. For large customers with sophisticated control and restricted securities (Note that equity security or index. For each portfolio of trading accounts, that model should result in convertible bonds are treated as an equity related positions, the firm must revalue them much lower margin levels, and it does so in a security under the margin rules); for 10 equidistant assumed upward and down- way that is much more closely related to the • Listed equity security futures contracts; ward market movements. The assumed market economic risk of the portfolio than the cur- • Listed equity options; movements vary on the type of equity prod- rent requirements. • Listed equity index options, index warrants ucts that make up the portfolio. High capital- and index futures; ization, broad-based market index portfolios • Listed equity futures options; have high and low valuation points of +6% The Portfolio • Equity exchange-traded funds; and and -8%, while portfolios based on a single Margin Amendments • Over-the-counter derivatives on equity equity security have high and low valuation Following the amendments to Reg T in securities and the products described above. points of +/-15%. The margin requirement is 1998 that made portfolio margining possi- As the rules limit the availability of portfo- the largest computed loss at any equidistant ble, the securities industry began to debate lio margining to products related to equity point. The margin computed becomes both what direction the proposed changes to the securities, it is not available for debt positions, the initial and maintenance margin require- margin rules should take. Much of the dis- money market funds, foreign exchange, physi- ment for the customer. cussion took place in industry committees cal commodities or related derivatives. Non- Firms employing portfolio margining may coordinated by the Securities Industry equity products and money market funds may, obtain the theoretical prices of their portfolio Association and involved what the appro- however, be used as collateral to satisfy the for the assumed market movements directly priate levels of margin should be and to minimum equity in the portfolio margin from the OCC or develop their own models what extent firms should be allowed to uti- account. for determining those prices. Firms seeking to lize their own models. In 2002 enough of a The mathematical model that securities employ their own theoretical pricing models consensus was reached to enable the NYSE firms may use must follow specific parameters must have them approved by the SEC. and CBOE to file their first proposed port- that are outlined in the adopted rules. Those The rules also include a minimum of $.375 folio margin rule amendments. Three years parameters are the equivalent of the model for each listed option, unlisted derivative, later, the SEC approved the portfolio mar- currently employed by securities firms to deter- security futures product and related instru- gin rule filings of the NYSE and CBOE on a mine regulatory capital charges for listed ment, multiplied by the contract or instru- pilot basis. In December 2006, the SEC options positions under SEC Rule 15c3-1a. ment’s multiplier. In addition, accounts of approved an expansion to that pilot, which, That model, popularly known as “TIMS”, is persons other than registered broker-dealers among other things expanded the range of based on the method that was developed by and members of futures exchanges must main- 34 Futures Industry tain at least $5 million of equity in the portfo- must furnish the customer with a risk disclo- The rules also require that management lio margin account before that account may sure. The securities self-regulatory organizations must periodically review the above processes include an unlisted derivative. with authority over margin requirements—the to make sure the guidelines are followed. NYSE, the CBOE and the National Management must also make sure that data Association of Securities Dealers—intend to can be accessed on a timely basis and that sys- Margin Deficiencies separately publish a sample risk disclosure that tems can capture, monitor and report it. All margin deficiencies in a portfolio mar- their members may use as a guideline. The firm gin account must be met by the third day fol- must receive a signed acknowledgement that lowing the trade date. If the deficiency is not the customer understands the risk disclosure Issues and Observations met by then, the firm is prohibited from before the account is opened. Related to Portfolio Margining accepting new orders in that account, unless Prior to offering portfolio margining gener- As a general matter, the portfolio margin those orders operate to reduce the market risk ally, securities firms must have their credit risk rules will have a beneficial impact on the and margin requirement in the account. If the management procedures approved by their industry. They will move the margin require- customer does not satisfy the margin defi- designated examining authority (DEA)—the ments for large customers with complex trad- ciency by offsetting trades or depositing addi- NYSE, the CBOE or the NASD. The portfo- ing positions from a somewhat rigid set of tional equity into the account, the firm must lio margin rules include specific requirements requirements that are based on discrete trading eliminate the deficiency by liquidating posi- that those procedures must meet. The firm strategies to a portfolio-based model that tions in the account. Securities firms are pro- must have procedures for: allows more credit for risk-reducing positions, hibited, however, from allowing customers to • Obtaining and reviewing account documen- which is closer to how firms actually manage make a practice of meeting margin deficiencies tation necessary to establish credit limits; the risk of large customer accounts. Those by liquidating positions in its portfolio margin • Determination, review and approval of firms also currently employ many of the credit account. Transfers of margin equity from other credit limits; risk management processes that are mandated accounts are allowed, but account guarantees • Monitoring credit risk exposure during and by the rules. are not. at the end of the day and the type, scope To some degree, the rules also create a Although margin deficiencies must be and frequency of exposure reporting to sen- “level playing field” by relying on TIMS. Firms met by the third day following trade date, ior management; use the TIMS model to compute proprietary securities firms must take a deduction to their • Management’s response when credit limits capital charges for listed options positions and Rule 15c3-1 regulatory net capital for those have been exceeded; related hedges as well as the margin require- deficiencies on the day following trade date. • The use of stress testing; ments for market makers. The portfolio mar- Also, the total amount of leverage that firms • Managing the impact of portfolio margining gin rules will now cause TIMS to be the may offer in their portfolio margin accounts credit extension on the firm’s overall risk standard for not only proprietary trading and is limited. exposure; market makers but also large customers, most Securities firms cannot allow the aggregate • The review and testing of the risk proce- notably hedge funds. It should also reduce the margin requirement in all of its portfolio mar- dures by internal audit or a comparable amount of transaction structuring that cur- gin accounts to exceed 10 times their SEC independent group; and rently takes place to lower the collateral levels Rule 15c3-1 net capital for more than three • Requesting additional margin, including that firms