Swaps & Other OTC Derivatives
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Day 1 Introduction and Welcome The Derivatives Markets and Their Uses The markets Definitions The tensions and key concepts Description and Uses of Basic Derivative Structures Swaps Fully-paid transactions Hybrid securities Derivatives Risk Legal and operational risk Position or market risk Valuation and hedge risks Delivery risk Long term exposure: rate risk and performance risk Quantification of credit risk Netting and Insolvency Issues Principles of insolvency Netting: payment and close-out Summary of US and UK insolvency issues Capacity and Authority Hammersmith & Fulham, Piraeus and Korea Life Resolutions Signatories Funds and other special counterparties Minmetals Regulation Regulation overview Are swaps: Securities? Illegal off-exchange futures? Gaming contracts? Insurance contracts? Caiola Capital adequacy requirements Tax Direct tax in another jurisdiction Withholding tax ISDA structure Accounting FAS 133 IAS 39 Introduction: Need for Documentation and Functional Analysis Avoiding uncertainty Financial provisions: confirmations and definition booklets Legal, credit and trading relationship: master agreement Questions Day 2 ISDA Agreements and Other Derivatives Documentation Overview Evolution of documentation: 1977-2007 Architecture of documents Fitting together the ISDA components One master for all products/Offices? Confirmations Oral trades, confirmations and confirmation process Backlogs Confirmation Workshop Prepare an interest rate swap confirmation ISDA Master Agreement (Provision-by-provision) Sections 1-4 ISDA MASTER AGREEMENT Sections 5-6 Grounds and procedures for termination How to calculate close-out values Nuova Safim, ANZ/Societe Generale, Peregrine I and II and High Risk ISDA Master Agreement Sections 5-6 continued ISDA Master Agreement: Section 7 Concepts ISDA forms Novation Protocol Negotiated terminations Section 7: Workshop ISDA Master Agreement: Section 8-14 Questions Day 3 Completing the Schedule Suitability/Misrepresentation Bankers Trust Cases Recent cases: Kwiatkowski, Korea Life, Eternity and Caiola PowTel/SunTrust and Peekay Nonreliance representations Master Agreement Workshop Break into small groups - each with a statement of a party's policy regarding the ISDA 2002 Master Agreement. Each group: Completes first draft of a Schedule to the ISDA 2002 Master Agreement Reviews and responds to other group’s draft Negotiates a final draft with the other group Credit Enhancement Guarantees Collateral Rehypothecation Partial? ISDA Credit Support Documents CSA ISDA 2001 Margin Provisions Discussion of Enron Recap and Questions
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