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===[[VWAP]] adjustments===
===[[VWAP]] adjustments to {{eqderivprov|Final Price}} for US {{eqderivprov|Shares}}===
Where share {{eqderivprov|Final Price}} is determined by reference to the [[Volume Weighted Average Price]] during a trading session you may see this following amendment:
Where share {{eqderivprov|Final Price}} is determined by reference to the [[Volume Weighted Average Price]] during a trading session you may see this following amendment:


{{Box|(a) Section {{eqderivprov|6.3(a)}} of the {{tag|Equity Definitions}} shall be amended by deleting the words “at any time during the one hour period that ends at the relevant {{eqderivprov|Valuation Time}}, {{eqderivprov|Latest Exercise Time}}, {{eqderivprov|Knock-in Valuation Time}} or {{eqderivprov|Knock-out Valuation Time}}, as the case may be” and replacing them with the words “at any time during the regular trading session on the {{eqderivprov|Exchange}}, without regard to after hours or any other trading outside of the regular trading session hours” and by amending and restating clause (a)(iii) thereof in its entirety to read as follows: “(iii) an {{eqderivprov|Early Closure}} that the {{eqderivprov|Calculation Agent}} determines is material”.<br>
:''(a) Section {{eqderivprov|6.3(a)}} is amended by deleting “at any time during the one hour period that ends at the relevant {{eqderivprov|Valuation Time}}, {{eqderivprov|Latest Exercise Time}}, {{eqderivprov|Knock-in Valuation Time}} or {{eqderivprov|Knock-out Valuation Time}}, as the case may be” and replacing it with “at any time during the regular trading session on the {{eqderivprov|Exchange}}, without regard to after hours or any other trading outside of the regular trading session hours”.<br>


(b) Section {{eqderivprov|6.3(d)}} of the [[Equity Definitions]] shall be amended by deleting the remainder of the provision following the term “{{eqderivprov|Scheduled Closing Time}}” in the fourth line thereof; <br>
:''(b) Section {{eqderivprov|6.3(d)}} is amended by deleting the remainder of the provision following the term “{{eqderivprov|Scheduled Closing Time}}” in the fourth line thereof; <br>


(c) If the final {{eqderivprov|Valuation Date}} is a {{eqderivprov|Disrupted Day}}, the {{eqderivprov|Calculation Agent}} may determine that such day is a {{eqderivprov|Disrupted Day}} only in part, in which case the {{eqderivprov|Calculation Agent}} shall designate the {{eqderivprov|Valuation Date}} determined pursuant to Section {{eqderivprov|6.6(a)}} for the remaining portion and the {{eqderivprov|Calculation Agent}} shall make adjustments to the {{eqderivprov|Number of Shares}} for which the {{eqderivprov|Disrupted Day}} shall be the {{eqderivprov|Valuation Date}} and shall determine the {{eqderivprov|Final Price}} on the basis of such adjustments. Such adjustments will be based on such factors as the {{eqderivprov|Calculation Agent}} deems relevant, and may include, without limitation, the duration of any {{eqderivprov|Market Disruption Event}} and the volume, historical trading patterns and price of the {{eqderivprov|Shares}}.
:''(c) If the final {{eqderivprov|Valuation Date}} is a {{eqderivprov|Disrupted Day}}, the {{eqderivprov|Calculation Agent}} may determine that such day is a {{eqderivprov|Disrupted Day}} only in part, in which case the {{eqderivprov|Calculation Agent}} must designate the {{eqderivprov|Valuation Date}} determined pursuant to Section {{eqderivprov|6.6(a)}} for the remaining portion and the {{eqderivprov|Calculation Agent}} must adjust the {{eqderivprov|Number of Shares}} for which the {{eqderivprov|Disrupted Day}} is the {{eqderivprov|Valuation Date}} and must determine the {{eqderivprov|Final Price}} based on such adjustments which will be based on such factors as the {{eqderivprov|Calculation Agent}} considers relevant.


}}
The current US tax interpretation is that benchmarking an [[equity swap]] on a US {{eqderivprov|Share}} to the [[close]] is viewed a cross (and one is guilty until proven innocent).  Therefore, do not use the official closing price for US Shares at maturity as it would then invalidate them as true derivatives and recharacterise them as [[repo]]s.  Instead, confirm [[VWAP]] over the day as an observable benchmark price for termination. 


The current [[IRS]] interpretation is that benchmarking an [[equity swap]] to the [[close]] is viewed a cross (guilty until proven innocent). As such, one should not use the official close benchmark if trades are held until maturity as it would then invalidate them as true derivatives and recharacterize them as [[repo]]s.  We thus have to legally confirm [[VWAP]] over the day as an observable benchmark price for termination.  This does not, however, prevent a counterparty from early terminating the swap exposure in methods other than [[VWAP]].
This does not, however, prevent one ''early''-terminating an {{eqderivprov|Equity Swap Transaction}} on a US {{eqderivprov|Share}} using methods other than [[VWAP]]. Now, if you are a synthetic prime brokerage sort of camper, you might wonder why all this fuss as [[equity swap]]s are treated, for most purposes, as undated and are always terminated at the client’s motion as an [[optional early termination]].

Latest revision as of 16:09, 24 September 2019

VWAP adjustments to Final Price for US Shares

Where share Final Price is determined by reference to the Volume Weighted Average Price during a trading session you may see this following amendment:

(a) Section 6.3(a) is amended by deleting “at any time during the one hour period that ends at the relevant Valuation Time, Latest Exercise Time, Knock-in Valuation Time or Knock-out Valuation Time, as the case may be” and replacing it with “at any time during the regular trading session on the Exchange, without regard to after hours or any other trading outside of the regular trading session hours”.
(b) Section 6.3(d) is amended by deleting the remainder of the provision following the term “Scheduled Closing Time” in the fourth line thereof;
(c) If the final Valuation Date is a Disrupted Day, the Calculation Agent may determine that such day is a Disrupted Day only in part, in which case the Calculation Agent must designate the Valuation Date determined pursuant to Section 6.6(a) for the remaining portion and the Calculation Agent must adjust the Number of Shares for which the Disrupted Day is the Valuation Date and must determine the Final Price based on such adjustments which will be based on such factors as the Calculation Agent considers relevant.

The current US tax interpretation is that benchmarking an equity swap on a US Share to the close is viewed a cross (and one is guilty until proven innocent). Therefore, do not use the official closing price for US Shares at maturity as it would then invalidate them as true derivatives and recharacterise them as repos. Instead, confirm VWAP over the day as an observable benchmark price for termination.

This does not, however, prevent one early-terminating an Equity Swap Transaction on a US Share using methods other than VWAP. Now, if you are a synthetic prime brokerage sort of camper, you might wonder why all this fuss as equity swaps are treated, for most purposes, as undated and are always terminated at the client’s motion as an optional early termination.