Expenses - CSA Provision

ISDA 1995 English Law Credit Support Annex →Go uptown In a Nutshell™ Section 8: Paragraph 8. Expenses Each party will be liable for its own costs (including stamp duties) of performing its obligations under this Annex). view template 1995 CSA full text of Section 8: Paragraph 8. Expenses Each party will pay its own costs and expenses (including any stamp, transfer or similar transaction tax or duty payable on any transfer it is required to make under this Annex) in connection with performing its obligations under this Annex, and neither party will be liable for any such costs and expenses incurred by the other party. view template Related Agreements Click here for the text of Section 8 in the 1995 English Law CSA Click here for the text of Section 8 in the 2016 English Law VM CSA Click here for the text of the equivalent, Section 10(a) in the 2016 NY Law VM CSA Comparisons 1995 CSA and 2016 VM CSA: click for comparison 2016 VM CSA and 2016 NY Law VM CSA: click for comparison Resources Full wikitext | Nutshell wikitext Navigation 1 (Interpretation) | 2 (Credit Support Obligations) | 3 (Transfers, Calculations and Exchanges) | 4 (Dispute Resolution) | 5 (Title Transfer etc) | 6 (Default) | 7 (Representation) | 8 (Expenses) | 9 (Miscellaneous) | 10 (Definitions) | 11 (Elections and Variables) Index: Click ᐅ to expand: 1995 CSA Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

English law CSAs

Paragraph 8 of the 2016 VM CSA is identical to the equivalent in the 1995 CSA. Being a function of the common law of contract, not to mention common sense — why would someone else be liable for your costs and expenses of performing a contract unless it specifically said they would be? — it falls into the goes without saying category. But ISDA’s crack drafting squad™ said it anyway.

NY law CSA

Paragraph 10(a) of the 2016 NY Law VM CSA is largely the same as Paragraph 8 of the English law versions — it carries on in 10(b) and 10(c) to rabbit on a bit about Posted Collateral — but, neglects to specifically call out stamp duty. How to deal with stamp duties is the subject of Paragraphs 10(b) and 10(c), of which there is no equivalent in the English law document.