REG-INSIGHT

ASIC CP 387 Series

Australia’s ASIC CP 387’s Biggest Plot Twist?

Your derivatives can now “count” even when you don’t own a single share.

Say hello to the “deemed economic interest” (DEI) — the headline act of CP 387. The big idea: just holding the bought side of an equity derivative now means you’re treated as having an interest in the underlying stock. No shares required. 👀 Here’s how it breaks down: 📈 Linear derivatives (think cash-settled swaps) — easy math. You’re deemed to carry the full notional value. No wiggle room. 📊 Non-linear derivatives (like options) — a bit more nuanced. You’re deemed to carry delta × notional, calculated using a “generally accepted standard pricing model.” And that pricing model isn’t just pulling a number out of thin air — it has to juggle:
  • Interest rates
  • Dividends
  • Time to maturity
  • Underlying price
  • Volatility
Which is exactly why this number refuses to sit still. It moves as the inputs move. The takeaway: your derivative book isn’t a side dish anymore — it feeds straight into your substantial holding position, right alongside your share register. 👉 Next week: we dig into why that delta-driven half of the equation is trickier than it looks — in not one, but two different ways. Stay tuned.

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