Swaps & Other OTC Derivatives

Swaps & Other OTC Derivatives

Euromoney Training
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Euromoney Legal Training and this course are neither endorsed by, nor affiliated with, ISDA.® ISDA is a registered trade mark of the International Swaps and Derivatives Association. Swaps and derivatives have become a vital tool in risk management and structured financings and are used by an ever-increasing number of banks, financial institutions, funds and corporations. From the basic swap structure a wide range of complex instruments have developed. Swaps are legally complex and have been the cause of major litigation. To protect all the parties involved, transactions must be properly documented. Lawyers and documentation staff need to understand both the products, the legal issues and eff…

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Euromoney Legal Training and this course are neither endorsed by, nor affiliated with, ISDA.® ISDA is a registered trade mark of the International Swaps and Derivatives Association. Swaps and derivatives have become a vital tool in risk management and structured financings and are used by an ever-increasing number of banks, financial institutions, funds and corporations. From the basic swap structure a wide range of complex instruments have developed. Swaps are legally complex and have been the cause of major litigation. To protect all the parties involved, transactions must be properly documented. Lawyers and documentation staff need to understand both the products, the legal issues and effective documentation techniques. WHO SHOULD ATTEND This training course is beneficial to: Lawyers in banks, financial institutions, funds and corporations Documentation staff who deal with swaps transactions Bankers in derivatives Lawyers who advise clients dealing with derivatives ABOUT THE COURSE You will learn: What swaps are and how they work Understanding the Master Agreement The significance of every clause in the agreement How to complete the schedule to the documentation How to draft clauses to meet special situations How to deal with insolvency and close-out netting The risks in credit exposure and techniques for credit enhancement How to assess the capacity of the counterparty The significance of major swaps litigation COMPLIMENTARY DOCUMENTATION Course fees include copies of the following publications, purchased on delegates behalf from ISDA: 2002 ISDA Master Agreement (Multicurrency- Cross-border) 1996 ISDA Credit Support Annex (Transfer-English Law) Euromoney Legal Training and this course are neither endorsed by, nor affiliated with, ISDA.® ISDA is a registered trade mark of the International Swaps and Derivatives Association.
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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