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Dodd-Frank and the Future of Derivatives Hedging

Cross-border transactions are becoming much more complex due to uncertainty about regulations in different jurisdictions around the world.

By Luke Zubrod | Updated on July 01, 2013

When the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law in July 2010, many corporate treasurers were satisfied that they had obtained an exemption from its derivatives provisions. Now, three years later, they have begun to reconcile with a different reality. They are engaging legal resources in evaluating their regulatory status, re-documenting their transactions, and working in new ways with their boards of directors. As they take these steps, treasurers are becoming increasingly aware that they are just beginning a journey that could extend for years.

Cross-border, margin, and Basel III regulations are not yet complete, which is creating uncertainty about their true regulatory impact. Additionally, it is becoming clear that navigating new regulations is not merely a compliance exercise. Corporate treasurers need to re-evaluate how regulations will impact their risk management strategies, operational processes, and systems. Rather than being outside of Dodd-Frank’s reach, corporate treasurers are finding themselves in the splash zone of the act’s enormous market changes.

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