Valuation Time - CSA Provision

From The Jolly Contrarian
Revision as of 00:51, 30 December 2019 by Amwelladmin (talk | contribs)
Jump to navigation Jump to search
ISDA 1995 English Law Credit Support Annex


In a Nutshell Section 11(c)(iii):

11(c)(iii)Valuation Time” means:
[ ] Close of business in the Valuation Agent’s location on the Valuation Date (or calculation date);
[ ] Close of business one Local Business Day before the Valuation Date (or calculation date);
Value and Exposure must be determined as close to the same time as is practicable.

view template

1995 CSA full text of Section 11(c)(iii):

11(c)(iii)Valuation Time” means:
[ ] the close of business in the place of location of the Valuation Agent on the Valuation Date or date of calculation, as applicable;
[ ] the close of business on the Local Business Day immediately preceding the Valuation Date or date of calculation, as applicable;
provided that the calculations of Value and Exposure will, as far as practicable, be made as of approximately the same time on the same date.

view template

Related Agreements
Click here for the text of Section 11(c)(iii) in the 1995 English Law CSA
Click here for the text of Section 11(c)(iii) in the 2016 English Law VM CSA
Click [[{{{3}}} - NY VM CSA Provision|here]] for the text of the equivalent, Section [[{{{3}}} - NY VM CSA Provision|{{{3}}}]] in the 2016 NY Law VM CSA
Comparisons
Template:Csadiff 11(c)(iii)
{{nycsadiff {{{3}}}}}

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.


CSA transfer timings

This is how the timing works for CSA transfers.

Terminology check: to make this easy, we refer to both 1995 CSAs and 1995 CSAs as “1995 CSAs”. This cuts out a lot of “Delivery Amount and/or Return Amount as the case may be” nonsense. The date on which someone demands a 1995 CSA we call a “1995 CSA”.

To be clear, neither Demand Date nor 1995 CSA are “ISDA canon”.

Remember the 1995 CSA is simply the person making the demand.

  1. Value 1995 CSA and 1995 CSA: Firstly, value what you are going to call: the 1995 CSA under para 1995 CSA or 1995 CSA. This is roughly 1995 CSA - 1995 CSA (or vice versa).
    1. Under 1995 CSA, the 1995 CSA will transfer 1995 CSA having a 1995 CSA as of the date of transfer of the 1995 CSA.
    2. Per the 1995 CSA provision, all calculations happen at the 1995 CSA. Fluctuations in value after that time won’t invalidate the 1995 CSA, but they may mean a party can immediately call for more 1995 CSA (that is, have another 1995 CSA).
    3. The 1995 CSA keys off the 1995 CSA.[1]
  2. 1995 CSA: On or promptly following any 1995 CSA (it need not be a 1995 CSA) on which the 1995 CSA has moved in its favour, one party may demand a 1995 CSA (para 2(a)) or a 1995 CSA (para 2(b)).
  3. 1995 CSA: Under para 1995 CSA (1995 CSA) if the demand is received before the 1995 CSA on a 1995 CSA that is a 1995 CSA the transfer must be made by close of business on the related Regular Settlement Day.[2] If received after the 1995 CSA or on a non-1995 CSA, the transfer must be made by close of business on the Regular Settlement Day relating to the day[3] after the Demand Date.
  4. Settlement Day: Here is where things differ materially between the 1995 CSA and the 2016 VM CSA.
    1. 1995 CSA: The Settlement Day for any day (whether or not it is a 1995 CSA) is:
      1. Cash: for cash, the next 1995 CSA and,
      2. Securities: for securities, the 1995 CSA after the date on which a trade in the relevant security, if effected on the day in question, would have been settled in accordance with customary practice.
    2. 2016 VM CSA: In the new world we have the new concept of the Regular Settlement Day, and this is the same Local Business Day as the Demand Date. The run-off text at the end of Paragraph 3(a) gives you a little more flex: if the demand came after the Notification Time, then you must make the transfer by close on the Regular Settlement Day for the next day. Just how the business days interact under the ISDA and CSA is about as complicated as string theory, by the way.
  1. Under the 1995 CSA you may specify either close of business on the Valuation Date or the Local Business Day immediately before it. Under the 2016 VM CSA you have flexibility to determine the Valuation Time as at the point you close your book each day.
  2. The “Settlement Day” under the 1995 CSA is slightly different.
  3. Note: ordinary day, not Local Business Day