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Mastering ISDA Collateral Documents: A Practical Guide for Negotiators, 2nd Edition

Mastering ISDA Collateral Documents: A Practical Guide for Negotiators, 2nd Edition

Author: Paul Harding; Christian Johnson
Publisher: Prentice Hall
ISBN: 9780273757177
Published In: January 2012
Format: Paperback
Jurisdiction: U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A timely updating of the only accessible single volume guide to the ISDA Credit Support Annexes, sanctioned under English and US law. The Annexes collateralise or secure over the counter derivatives risk exposure. This is the companion book to Mastering the ISDA Master Agreements, now in its third edition.

First published in 2002, the book is a guide to negotiation of the two main ISDA Credit Support Annexes which are used to support the ISDA Master Agreements. The ISDA Credit Support Annexes are the main support documents which relate to collateralised or secure over the counter derivatives risk exposure.

This book covers collateral management from an operational perspective and focuses on the two main ISDA Credit Support Documents. It provides a clear concise narrative on their provisions and amendments

About the authors

Disclaimer

Acknowledgements

Authors’ foreword

1 Introduction

Definition of terms

Why collateral is taken

Types of collateral

Product risk exposure covered

Evolution of collateral documentation

2 Collateral management from a European perspective

Some facts and figures

What collateral management units do

The importance of policies and procedures

Setting up the collateral relationship

Exposure monitoring and collateral valuation and calling

Transfers

Reuse of collateral

Collateral substitutions

Distributions

Disputes

Portfolio reconciliations

Defaults

Branches

External collateral management services

3 Legal issues relating to collateral from the European and US perspectives

European perspective by Paul Harding

Introduction

General issues

Recharacterisation

Conflict of laws rules

The PRIMA rule

Other legal issues

ISDA collateral legal opinions

The European Directive on Financial Collateral Arrangements

Draft Hague Convention on indirectly held securities

Amending Directive to the Collateral Directive and Settlement

Finality Directive

Geneva Securities Convention

Collateralisation and central clearing counterparties

US perspective by Christian Johnson

Introduction

Enforcement of New York choice of law

Security interest creation and perfection

Exercising rights under the Security Agreement

Other issues

Other enforcement concerns

Dodd-Frank changes

4 Credit issues relating to collateral

Establishment of collateral management risk guidelines

Initial margin

Haircuts

Thresholds

Minimum Transfer Amounts

Eligible collateral

Scope of collateralisation

Establishing policy for eligible collateral

Special counterparties

Sovereigns

Supranational entities

Hedge funds
Other duties

Risks

The Basel II Capital Accord
Position of collateralisation under Basel III

The future

5 The English Law ISDA Credit Support Annex

Paragraph by paragraph analysis

Glossary of terms in Paragraph 10

Examples of Paragraph 11 provisions

6 The New York Law ISDA Credit Support Annex

Paragraph by paragraph analysis

Glossary of terms in Paragraph 12

Examples of Paragraph 13 provisions

Comparison of the New York Law CSA with the English Law CSA

7 The ISDA English Law Credit Support Deed

Paragraph by paragraph summary of the English Law Credit Support Deed

Principal differences between the English Law CSA and the English Law Deed

ISDA Fallbacks for the English Law Credit Support Deed

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