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It is worth noting that the recognition of close-out netting in the Notice on Issues Concerning the
Measurement Rules for the Default Risk Assets of Derivatives Counterparties issued by the China Banking
and Insurance Regulatory Commission in November 2021 (which applies to derivatives and repos, but not
bond lending transactions) and the recently enacted PRC Futures and Derivatives Law (which applies to
derivatives but not bond lending transactions) would not apply to bond lending transactions.
V. Next steps
Like other industry standard master agreements published by NAFMII, the NAFMII MBLA adopts a
protocol-like multilateral signing mechanism, meaning that each market participant only needs to sign
on a pre-printed NAFMII MBLA and file it with NAFMII. The NAFMII MBLA will apply to transactions between
two parties if both parties have filed their respective executed version of the NAFMII MBLA with NAFMII.
However, a Supplement to the NAFBMII MBLA is still required to be negotiated and executed bilaterally
between the parties and filed afterwards with NAFMII.
The publication of the NAFMII MBLA is an important milestone in the development of the onshore bond
lending market. We look forward to further interesting developments in the near future, including:
With the introduction of CIBM Direct 2.0, which may allow foreign investors to access China’s
exchange-traded bond market directly or through a mechanism known as financial market
infrastructure connect (“FMI Connect”)89, it will be interesting to see whether the NAFMII MBLA
can also be used to enter into bond lending transactions in the exchange-traded market, in addition
to exchange-organised short-selling transactions.
In light of the willingness of Chinese regulators to explore multi-layer custody structures90 in China,
it will be interesting to see whether new types of bond lending transactions (e.g., “Bond Lending
with Title Transfer Feature” where, consistent with international market practice, cash margin and
securities margin are subject to title transfer arrangements) will emerge in the onshore market.
With the further development of bond repos and bond lending businesses and the comprehensive
opening up of China’s bond markets, centralised bond lending services provided by bond clearing
institutions to market participants will become a highlight of the onshore market. Centralised bond
lending can promote the efficient use of idle bonds, and can meet temporary demand for certain
bonds. We eagerly await this important development.
中国人民银行 中国证监会 国家外汇管理局公告〔 〕第 号
同注