Transaction - GMRA Provision: Difference between revisions

Revision as of 09:58, 3 December 2018

GMRA Anatomy™

1(b) Each such transaction (which may be a repurchase transaction (“Repurchase Transaction”) or a buy and sell back transaction (“Buy/Sell Back Transaction”) shall be referred to herein as a “Transaction” and shall be governed by this Agreement, including any supplemental terms or conditions contained in Annex I hereto, unless otherwise agreed in writing.

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According to ICMA’s helpful website^[1] economically, repos and sell/buy-backs both behave like secured loans; legally both amount to a sale and later repurchase of securities. A repurchase agreement is always a written contract; a sell/buy-back need not be.

Undocumented sell/buy-back]]s: The sale and repurchase legs of an undocumented sell/buy-back are considered as separate contracts. Since there is no contract between times:
- The parties cannot call margin on each other for market movements between the transactions
- Netting is less certain.

Documented sell/buyback]]s: There are operational differences between repos and documented sell backs:
- Differences in the margining process
- What happens when income is paid on collateral.

@@ Line 1: / Line 1: @@
 {{fullanat|gmra|1(b)|2000}}
 There are two types of {{gmraprov|Transaction}} under a {{gmra}}: a {{gmraprov|Repurchase Transaction}} and a {{gmraprov|Buy/Sell Back Transaction}}.
-===Difference between {{gmraprov|Repurchase Transaction}} and a {{gmraprov|Buy/Sell Back Transaction}}
+===Difference between {{gmraprov|Repurchase Transaction}} and a {{gmraprov|Buy/Sell Back Transaction}}===
 According to ICMA’s helpful website<ref>https://www.icmagroup.org/Regulatory-Policy-and-Market-Practice/repo-and-collateral-markets/icma-ercc-publications/frequently-asked-questions-on-repo/8-what-is-the-difference-between-a-repurchase-agreement-and-a-sell-buy-back/</ref> economically, [[repo]]s and [[sell/buy-back]]s both behave like [[secured loan]]s; legally both amount to a sale and later repurchase of securities. A [[repurchase agreement]] is always a written contract; a [[sell/buy-back]] need not be.