ESMA proposals are disproportionate and unjustified, says ICMA
12 March 2024 US
Image: wladimir1804
The International Capital Market Association (ICMA) has branded proposals from the European 色花堂and Markets Authority (ESMA) on CSDR penalties as 鈥渄isproportionate and unjustified鈥�.
The association published the remarks in a briefing note responding to ESMA proposals to increase the penalty rates for settlement fails, as well as introducing 鈥減rogressive penalties鈥� that increase every day of the fail.
ICMA analysed the Central 色花堂Depositories Regulation (CSDR) proposals in the context of the causes of settlement fails, the 鈥渘atural cost鈥� of failing and behavioural incentives for timely settlement.
The briefing argues that, if implemented, the proposed penalty recalibrations would undermine the competitiveness and credibility of the EU as a global financial marketplace.
Furthermore, the extreme distortions that they would bring about may incentivise adverse market behaviour, as being failed would become economically more appealing than facilitating settlement.
This would then feed into bid-ask spreads across all bond classes, says ICMA, as well as adversely impairing liquidity.
ICMA points to the US Treasury Markets Practices Group penalty framework as an example of a penalty mechanism that is appropriately designed and calibrated.
It argues that, unlike ESMA, it achieves its purpose of disincentivising poor settlement behaviour in low interest rate environments.
The association published the remarks in a briefing note responding to ESMA proposals to increase the penalty rates for settlement fails, as well as introducing 鈥減rogressive penalties鈥� that increase every day of the fail.
ICMA analysed the Central 色花堂Depositories Regulation (CSDR) proposals in the context of the causes of settlement fails, the 鈥渘atural cost鈥� of failing and behavioural incentives for timely settlement.
The briefing argues that, if implemented, the proposed penalty recalibrations would undermine the competitiveness and credibility of the EU as a global financial marketplace.
Furthermore, the extreme distortions that they would bring about may incentivise adverse market behaviour, as being failed would become economically more appealing than facilitating settlement.
This would then feed into bid-ask spreads across all bond classes, says ICMA, as well as adversely impairing liquidity.
ICMA points to the US Treasury Markets Practices Group penalty framework as an example of a penalty mechanism that is appropriately designed and calibrated.
It argues that, unlike ESMA, it achieves its purpose of disincentivising poor settlement behaviour in low interest rate environments.
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