Give up: Difference between revisions

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 Under the [[2005 ISDA Master Give-Up Agreement]], a fund may “give up” [[derivatives]] it has traded with a [[broker]] to its {{tag|Prime broker}}. It will usually do this because it does not have an {{isdama}} with the [[broker]]. Under this arrangement the [[hedge fund]] acts at all times as the [[Prime broker|prime broker’s]] [[agent]] (it may not be a client of the {{tag|executing broker}} at all) and never creates its own principal contract with the executing broker, but simply arranges the contract between the {{tag|executing broker}} and the prime broker. The [[PB]] then puts on a back-to-back trade with the [[HF]] under the {{isdama}} between them. Net result: the PB intermediates between [[EB]] and [[HF]]. Calling this arrangement a “give-up” is something of a misnomer.
 ===Equity Give Up===
-Under a cash equity give-up, the [[hedge fund]] seeks a ''firm price'' indication for a cash equity from an {{tag|executing broker}}, but ''does not act on it'': rather, the [[hedge fund]] takes the quote and instructs its [[prime broker]] to do execute it — directing its attention to the winsome [[executing broker]] who is awaiting its call (in practice, the [[executing broker]] will “allege” the trade to the [[prime broker]], which is rather like buzzing in on University Challenge before Bamber Gascoigne has finished asking the question: “a little birdie tells me you are going to instruct me to trade on an equity to [[hedge]] a [[swap]] you’re about to put on with your client hedge fund X. Well — here it is!”).
+{{equity giveup}}
-Once the [[PB]] has traded with the [[EB]], the [[PB]] creates a back-to-back transaction with its client, usually in the shape of an [[equity swap]] transacted under an {{isdama}}.
-This one is a misnomer too, amusingly enough<ref>when you are a [[prime brokerage]] [[mediocre lawyer|lawyer]], you have to take your yuks where you can find them</ref>, since here, also, no contract is ever “given up”. Note that in theory — even if not awfully often<ref>That is to say, ''ever''.</ref> in practice — the [[prime broker]] can feign total ignorance and refuse to transact with the [[executing broker]], thereby hanging the [[executing broker]] out to dry with any recourse against anyone for the equity trade it has executed. The equity broker may have words to the hedge fund client about this, of course, but not ones that would sound a claim in contractual damages.
 ===ETD Give Up===
 Documented under the {{tag|FIA}} standard giveup documentation, available free to the world, [http://www.fia-tech.com/EGUS/Agreements/standard.asp here]. There is a [http://www.fia-tech.com/downloads/STDC-2008-final.pdf Customer Version] and a [http://www.fia-tech.com/downloads/STDT-2008-final-1.pdf Trade Version] of the [[Electronic Give-Up System]] ([[EGUS - CCP|EGUS]]).