presentation on the presentation on the isda and csa to the forex association of india 6 th april...
TRANSCRIPT
Presentation on the Presentation on the
ISDA and CSA
to
The Forex Association of India6th April 2013
Single Agreement
Master Agreement
Schedule
Confirmations
Single
AgreementCSA
Paragraph 11
CSA and other collateral
Collateral is by the Party itself Benefits • No separate invocation required• No separate calculation required (pledge of
shares)
Netting is a particularisation of the
principle of mutual dealings and set off
Payment netting - Netting during the
course of transactions
Close out netting - Netting post closing
out (terminating) the transactions
Netting
(Bilateral) Netting for DerivativesISDA MASTER AGREEMENT
Payment Netting (2(c))
Same CurrencySame TransactionMultiple transactions by electionDuring Life of transaction
Close out netting (6(e))On terminationNetting of all o/s amounts payable under ISDA Master Agreement
Set-Off (6(f))
On terminationNetting net amounts under ISDA with all other amountsSame capacity
Payment Netting
PARTY A
PARTY A
PARTY B
PARTY B
Note: payment netting applies to payments:on the same dayin the same currencyIn respect of the same Transaction UNLESS parties elect “Multiple
Transaction Payment Netting” to apply (part 4(i) of the Schedule)
Gross: Rs.100/-
Net: Rs.75/-
Gross: Rs.25/-
As per the ISDA Master Agreement
Close-out netting
PARTY APARTY A
Swap 1
PARTY BPARTY B
Rs.8/-
Swap 2
Swap 3
Rs.10/-
Rs.5/-
Note: Amounts refer to MTM values on close-out, not to payments due
If Close-out netting is enforceable
PARTY APARTY A PARTY BPARTY BRs.3/-(net)
Party A has to pay Rs. 3/- to Party B’s insolvency trustee
If Close-out netting is not enforceable
PARTY APARTY A PARTY BPARTY B
Rs.13/-
Party A has to pay Rs.13/- to Party B’s insolvency trustee.Party A has to file a proof of debt in Party B’s insolvency to claim Rs.10/-
Rs.10/-
Why the CSA?
What’s so different about collateral for
derivatives?
In any event:
(i) Why not use good old pledge / security creation
documentation?
(ii) Why complicate life with the CSA?
CSA - Title Transfer - How it works?
Outright transfer of cash and securities
Conditional obligation to repay cash and re-deliver
fungible securities
Re-delivery obligation
becomes debt obligations
on default
Exposure netted against
the collateral value
Understanding why “the CSA”
EXPOSURE
Kinds of Collateral
Indian Government Securities
Indian Corporate Bonds
Cash FX
INR
Foreign Government Securities
Foreign Debt Securities
CSA - Cash
If INR -
Deposit Regulations
• Where the Bank is the recipient of collateral
• Where the corporate counterparty is the recipient of
collateral
Risk of Re-characterization
• No intention of creating security interest
• Transferee free to deal with collateral
If FX – FEMA Permissions
CSA Issues
Credit Risk on Collateral Taker
Operational feasibility
Perception-Netting will not be enforceable
Negotiation may be a tedious process (but
changing)
Re-characterisation risk in certain jurisdictions
Its been a pleasure!Its been a pleasure!
Thank youThank you