Derivative: Difference between revisions
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Where do you start? | Where do you start? | ||
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MiFID definition of [[derivative]] comes from the latter half (items (4) - (10)) of the definition of "Financial Instruments" set out in Section C of Annex I to {{tag|MiFID}} as follows: | {{tag|MiFID}} definition of [[derivative]] comes from the latter half (items (4) - (10)) of the definition of "[[Financial instrument - FCA Rulebook Term|Financial Instruments]]" set out in Section C of Annex I to {{tag|MiFID}} as follows: | ||
{{box| | {{box| | ||
Financial Instruments | [[Financial instrument - FCA Rulebook Term|Financial Instruments]] | ||
(1) [[Transferable securities]]; <br> | (1) [[Transferable securities]]; <br> |
Revision as of 13:17, 27 March 2017
Where do you start?
- ‘derivative’ or ‘derivative contract’ means a financial instrument as set out in points (4) to (10) of Section C of Annex I to 2004/39/EC (EUR Lex)[1] as implemented by Article 38 and 39 of 1287/2006 (EUR Lex);
MiFID definition of derivative comes from the latter half (items (4) - (10)) of the definition of "Financial Instruments" set out in Section C of Annex I to MiFID as follows:
(1) Transferable securities;
(2) Money-market instruments;
(3) Units in collective investment undertakings [AKA UCITS;
(4) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash;
(5) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event);
(6) Options, futures, swaps and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market and/or an MTF;
(7) Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in C.6 and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are cleared and settled through recognised clearing houses or are subject to regular margin calls;
(8) Derivative instruments for the transfer of credit risk;
(9) Financial contracts for differences;
(10) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market or an MTF, are cleared and settled through recognised clearing houses or are subject to regular margin calls.
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By Instrument
Securities
Debt Capital Markets
- Medium Term Note Programmes
- Stand Alone Eurobond Issuance
- Commercial Paper
Supporting Documentation
- Legal Documents
- Constituting Instruments
- Agency Agreements
- Terms and Conditions
- Offering Materials
- ICMA form of Final Terms
- Board Authorisation
- Side Letters, Agent Appointments and Dealer Confirmations
Hedging
- Term Funding
- Basis Risk
Offering and Resale
Listing and Prospectus Directive
- Passporting and Home Regulators
- Listing Rules
- Regulated Stock Exchanges
- London Stock Exchange
- Irish Stock Exchange
- Luxembourg Stock Exchange
- other Stock Exchanges
- Non regulated market Stock Exchanges
- EuroMTF
- AIM
- Others
- ESMA-sponsored amendments to the Prospectus Directive
Selling Restrictions
- Jurisdictional Selling Restrictions Library
- Jurisdictional Tax Disclosure
Retail Sales
- Retail Distribution
- Retail Cascades
- Prospectus Consents
- Packaged Retail investor Products (PRIPs)
- Key Investor Disclosure document (KID)
US registration
- SEC Registration
- Safe Harbours and Exemptions
- Regulation S
- Rule 144A
Structured Securities
- Structured Medium Term Notes
- Repackagings and Securitisation
Exchange Traded Securities
- Exchange-Traded Funds (ETFs)
- Exchange-Traded Notes (ETNs)
Over-The-Counter Transactions
Derivatives
Swaps
ISDA
- ISDA Master Agreement
- ISDA Credit Support Annex
- 1995 CSA (title transfer - English Law)
- 1994 NY CSA (pledge - New York Law)
Non-ISDA
- European Master Agreement
- Domestic European master agreements
- Deutsche Rahmenvertrag (German Master Agreement)
- FBF (French Master Agreement)
- CMOF (Spanish Master Agreement)
Spot and Short Term Derivatives
These contracts are not necessarily traded under an ISDA framework but may will be traded according to Exchange rules or financial institutions' "Standard Terms of Business"
Securities Financing
Stock Lending
- Global Master Securities Lending Agreement (GMSLA)
- Master Securities Lending Agreement (MSLA)
- Legacy Stock Lending Agreements
Repurchase Agreements
Commodities Trading
Financial
- Commodity Derivatives
- Futures
- Commdity Indices
- Exchange Traded Commodity Products
Physical
Oil and Refined Products
Freight
Energy
- Coal
- Power
- Gas
- Carbon/Emissions
Metals
- Base Metals
- Precious Metals
Agrigultural Commodities
Commodities Documentation
- ISDA Commodities Definitions
- EFET - European Federation of Energy Traders Master Agreements (Power and Gas)
- IETA - International Emissions Trading Agreement
- SCOTA - Standard Coal Trading Agreement
Prime Brokerage
(in scope?)
Derivative Transactions
Market Risk
Asset Class
- Equity Derivatives
- Credit Derivatives
- Currency Derivatives
- Interest Rate Derivatives
- Commodity Derivatives
Market Disruption
Gap Risk
Credit Risk
Collateral and Credit Support
Collateral
Overview
- Treasury, Liquidity implications of Collateral posting and recieving
- Rehypothecation and client asset protection
Credit Support Annex
- 1994 NY Pledge form of CSA
- 1995 english Law Title Transfer
Eligible Collateral
- Cash
- Sovereign Bonds
- Corporate Bonds
- Other Assets
- Letters of Credit
Non-Collateral Credit Support
- Guarantees
- "Liens" and Security Interests
Intercreditors and Loan financing
Regulatory Environment
Implications for derivatives and capital markets transactions of regulatory initiatives. This should cross reference where appropriate the Financial Services Module