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FINRA Rule 4240

Establishes margin requirements for FINRA members that engage in security-based swap transactions, including requirements for cleared and uncleared security-based swaps.

Rule Overview

Jurisdiction: United States

Regulator: FINRA

Topic: Margin Requirements

FINRA Rule 4240
Overview
Further Reading
FINRA Rule 4240 applies to FINRA members that engage in security-based swap (SBS) transactions or guarantee SBS obligations.
 
Margin and Collateral Requirements
  • For cleared SBS transactions (transactions cleared through a clearing agency), members must maintain the margin (collateral) required by the clearing agency.
  • For uncleared SBS transactions (transactions that are not cleared through a clearing agency), members must calculate daily:
    • current exposure, or the amount one party currently owes the other based on changes in market value; and
    • initial margin, meaning collateral designed to cover potential future losses.
Collection and Maintenance of Collateral
Members must:
  • Exchange variation margin (collateral used to cover current exposure).
  • Collect initial margin when required to protect against future risk.
  • Collect required collateral from parties whose uncleared SBS obligations the member guarantees.
Collateral must be:
  • Collected or delivered no later than the next business day after it is calculated.
  • Addressed promptly if there is a shortfall, including reducing or liquidating positions if necessary.
Members may not return initial margin or allow withdrawals that would create or increase a collateral deficiency.
Approved Margin Methodologies
  • Members may not enter into a type of SBS unless FINRA has approved a method for determining the required initial margin.
  • FINRA’s approval may be subject to conditions or limitations.