Netting opinion: Difference between revisions

Jump to navigation Jump to search
no edit summary
(Created page with "A legal opinion — at the best of times a dreary, charmless and pointless affair — addressing the effectiveness in a given jurisdiction of close-out netting, one of...")
 
No edit summary
Line 2: Line 2:


They tend to be long, academic, laden with hypotheticals, appealing to [[Latin]]ate principles of civil law and demanding of unusually skilled powers of comprehension and patience to wade through.  
They tend to be long, academic, laden with hypotheticals, appealing to [[Latin]]ate principles of civil law and demanding of unusually skilled powers of comprehension and patience to wade through.  
Every [[netting opinion]] says the same thing: That netting is, ultimately, enforceable, because it would have no reason to exist if it said the contrary. But God - in the shape of the [[Basel Committee on Banking Regulations and Supervisory Practices]], plays a cosmic joke on all [[inhouse lawyer]]s. By ''diktat'' of the latest [[Basel Accord]]) they must diligently read and draw reasoned conclusions from these God-forsaken tomes, so that their firm's financial controllers can recognize balance sheet reductions as a result.
 
Every [[netting opinion]] says the same thing: that {{tag|netting}} is, ultimately, enforceable, because it would have no reason to exist if it said the contrary. But God — manifesting {{sex|Herself}} in the shape of the [[Basel Committee on Banking Regulations and Supervisory Practices]], plays a cruel cosmic joke on all [[inhouse lawyer]]s. By ''diktat'' of the latest [[Basel Accord]]) they must diligently read and draw reasoned conclusions from these God-forsaken tomes, so that their firm's financial controllers can recognize balance sheet reductions as a result.


===[[Red Flag Act]]===
===[[Red Flag Act]]===
Also, it is a fact, that no insolvency administrator, anywhere in the world, in the history of the world, has ever actually picked apart offsetting transactions under a derivative trading agreement, because that would be a patently stupid thing to do, even by accident.
Also, it is a fact, that no [[insolvency administrator]], anywhere in the world, in the history of the world, has ever actually successfully challenged the netting down of offsetting transactions under a derivative trading agreement — or so far as [[I|this commentator]] knows, even tried to — because that would be a patently stupid thing to do, even by accident.


{{seealso}}
{{seealso}}

Navigation menu