Template:M comp disc 1992 ISDA 6(f): Difference between revisions

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Created page with "The {{1992isda}} does not have a specific set off provision, although it manages to define {{isda92prov|Set-off}} anyway. ISDA published a suggested set-off provision..."
 
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The {{1992isda}} does not have a specific set off provision, although it manages to define {{isda92prov|Set-off}} anyway.
[[Set-off - 1992 ISDA Provision|The]] {{1992isda}} does not have a specific set off provision, although it manages to define {{isda92prov|Set-off}} anyway.


[[ISDA]] published a suggested [[set-off]] provision in the [[Users Guide]] but no-one liked it, and several bespoke versions developed and percolated around the market. These often provided for the inclusion of '''{{isdaprov|Affiliate}}s''' in relation to the {{isdaprov|Non-defaulting Party}} or {{isdaprov|Non-affected Party}}.  
[[ISDA]] published a suggested [[set-off]] provision in the [[Users Guide]] but no-one liked it, and several bespoke versions developed and percolated around the market. These often provided for the inclusion of '''{{isdaprov|Affiliate}}s''' in relation to the {{isdaprov|Non-defaulting Party}} or {{isdaprov|Non-affected Party}}.  


{{icds}} got the hint and implemented a fully-fledged set-off provision based on this language into the {{2002ma}} — but not without a little boo-boo. You can read all about it, and the boo-boo, and what people have done to fix it, at our article about that Section {{isdaprov|6(f)}} {{isdaprov|Set-off}} provision.
{{icds}} got the hint and implemented a fully-fledged set-off provision based on this language into the {{2002ma}} — but not without a little boo-boo. You can read all about it, and the boo-boo, and what people have done to fix it, at our article about that Section {{isdaprov|6(f)}} {{isdaprov|Set-off}} provision.

Revision as of 17:39, 22 October 2020

The 1992 ISDA does not have a specific set off provision, although it manages to define Set-off anyway.

ISDA published a suggested set-off provision in the Users Guide but no-one liked it, and several bespoke versions developed and percolated around the market. These often provided for the inclusion of Affiliates in relation to the Non-defaulting Party or Non-affected Party.

ISDA’s crack drafting squad™ got the hint and implemented a fully-fledged set-off provision based on this language into the 2002 ISDA — but not without a little boo-boo. You can read all about it, and the boo-boo, and what people have done to fix it, at our article about that Section 6(f) Set-off provision.