““present, there exists no overarching regulatory framework governing OTC derivatives markets in any major jurisdiction. Provided that certain qualifications are met, 29 OTC derivatives transactions generally reside outside the scope of securities, insurance and other regulatory regimes in the jurisdictions in which they notionally take place.Accordingly, while certain market participants (most notably banks and publicly traded firms) may be subject to, for example, prudential banking requirements30 . and mark-to-market accounting rules31 . which tangentially impact upon their ability to utilise these instruments, OTC derivatives themselves have historically””
