Financial Markets Operations Management (33 page)

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9.5 NON-CLEARED OTC DERIVATIVES CONTRACTS

Non-centrally cleared (also known as bilaterally cleared) OTC derivatives transactions are executed either between buyer and seller or on a trading platform. The main difference from cleared OTCD transactions is that these OTCD contracts are processed and risk managed between the two trading counterparties. These are legally binding contracts that need to be fully documented.

9.5.1 Documentation

Trading between any two parties is covered under a set of documents, as shown in
Table 9.12
.

TABLE 9.12
Documentation

Document
Description
Master Agreement
Published by the International Swaps and Derivatives Association (ISDA). The current version is the 2002 edition and it defines the terms and conditions under which both parties deal with each other. All transactions between the two parties are covered by this single agreement.
Schedule
Used to customise the Master Agreement including amendments and additional terms.
Confirmation
Confirmations are exchanged for each transaction and include relevant terms of the transaction.
Definitions
ISDA publishes a series of booklets, defining each type of derivative transaction, and user guides.
Credit Support Annex
An optional document, the CSA is used when both parties agree to use collateral to cover risk exposures.

Within the set of documents shown in
Table 9.12
there are many variations, depending on the asset class of the derivative, the year the document was published and in which country the document applies. The International Swaps and Derivatives Association (ISDA), founded in 1985, has over 800 member institutions from 64 countries and has done much to improve the industry's operational structure, reduce counterparty credit risk and increase transparency.

There are six asset classes listed on the ISDA website:

  • Credit derivatives/credit default swaps;
  • Equity derivatives;
  • Interest rate derivatives;
  • FX derivatives;
  • Energy, commodities, developing products;
  • Structured products and others.

A variety of publications including definitions, confirmation templates, etc. can be found for each of these six classes. Please go to the Asset Classes section of the ISDA website (
www2.isda.org/asset-classes
) and familiarise yourself with some of the documentation available.

There is an extensive library and bookstore available on the ISDA website, parts of which are available for members only. The remaining parts are open for general inspection and are categorised as shown in
Table 9.13
.

TABLE 9.13
ISDA publications

Category
Examples of Documents
ISDA Master Agreement
Master Agreements (2002, 1992) plus MA user guides and MA translations.
ISDA credit support documentation
Credit Support Annexes (CSAs) in English and New York law versions, user guides, amendments to CSAs, the 2001 ISDA margin provisions and collateral documentation.
Cleared swap documentation
FIA-ISDA Cleared Derivatives Execution Agreement plus various addenda.
ISDA definitions and confirmations
Sub-categorised by product type: commodity/energy, equity, inflation, property index, credit, FX, interest rate and currency and miscellaneous documents.
ISDA operations and novation material
Novation definitions, best practice statements and user guides.
ISDA protocols/EMU and Euro material
Documentation relevant to the economic and monetary union in Europe (1997), Euro definitions (1998) and the introduction of the Euro (2001 Euro Protocol).
Regulatory documentation
Initiative documents relevant to Dodd–Frank (USA) and EMIR (EU).
Disclosure documents
Annexes from 2012 (plus 2013 updates) regarding disclosure relating to certain CTFC requirements.
FpML and miscellaneous ISDA documents
FpML user guides, index of terms, terms for escrow float transactions and a pre-confirmation trade notification template (2001).

Please go back to the Bookstore section of the ISDA website (
www.isda.org/publications/ pubguide.aspx
) and familiarise yourself with some of the documentation contained within the nine categories noted in
Table 9.13
.

It will be apparent from your review of the ISDA website just how much documentation is required in the OTC derivatives business. There is a high degree of focus in terms of product type, so organisations will only require the relevant documentation for their own business.

9.5.2 Non-Cleared OTCD Processing

Due to the numerous types of OTCD and their complexities, space does not permit us to look at each of them in turn from an operational point of view. Rather, we will go through the overall process flows from trade capture to maturity, giving some examples along the way. Many of these processes are quite similar across the whole financial operations spectrum and we will concentrate on those that are particularly relevant to OTCD transactions.

9.5.3 Trade Capture

As soon as the trades are entered into the trade capture system (either automatically or manually), the details of each trade should be verified. This can be complicated, depending on the type of derivative being entered, and every detail from the trade ticket (term sheet) should be carefully checked. Remember that these are bespoke transactions and not standardised like ETD or cash market products.

If we compare the trade details of a forward rate agreement (FRA) with an option (
Table 9.14
), we can see that the terminology can differ.

TABLE 9.14
Options vs FRAs

Option
FRA
Trade direction
Hold (buy) or write (sell)
Buy or sell
Quantity
Number of contracts
Notional amount
Asset
Underlying single name or basket or index
Currency of the notional amount
Key dates
Trade date
Expiry date(s)
Trade date
Effective date
Settlement date
FRA period (term)
Option style
European
American
Asian
Bermudan
Knock-in and Knock-out
Quanto
Composite
Digital
N/A
Option type
Call or put
N/A
Cost/price
Premium
Interest rate (fixed)
Settlement
Cash settled or physical delivery of the underlying
Discounted difference between fixed interest rate and reference rate (floating) calculated on the notional amount

In its annual Operations Benchmarking Survey 2013,
14
ISDA noted that the most common errors across the five product categories
15
were caused by:

  1. Payment date(s)/termination date.
  2. Miscellaneous fees.
  3. Counterparty names.
9.5.4 Confirmation

Counterparties can initially affirm the key economic details of their trades with each other before sending outgoing confirmations, chasing and reviewing incoming confirmations or investigating and reconciling confirmation discrepancies. A confirmation provides a more detailed view of a transaction at one point in time and should be sent as soon as possible.

In order to standardise the confirmation format, the ISDA has prepared a set of templates. Examples available on the ISDA's Bookstore include an eight-page confirmation of a non-deliverable cross-currency interest rate swap transaction and eighteen forms, of similar length, covering confirmations for the various types of equity-based transaction.

With the notable exception of equity derivatives, confirmations are sent electronically (see
Table 9.15
).

TABLE 9.15
Confirmations

Electronically Eligible
Derivative Type
Electronically Confirmed
Not Electronically Confirmed
Not Electronically Eligible
Interest rate
86%
 7%
 7%
Credit
98%
 0%
 1%
Equity
30%
10%
60%
Currency options
69%
15%
16%
Commodity
66%
20%
13%

Source:
ISDA Operations Benchmark Survey 2013.

Electronically transmitted confirmations are usually all sent by T+1, with non-electronically transmitted confirmations all sent by T+6 to
T+10. The average number of business days for which confirmations are outstanding tends to be in the region of 0.3 to 1.6 days late, with the notable exception of equity-based (6.1 days).

9.5.5 Settlement

Depending on the derivatives contract, a settlement action may or may not take place. Some examples are shown in
Tables 9.16
,
9.17
and
9.18
.

TABLE 9.16
Settlement actions for an FRA

Forward Rate Agreement
Term Sheet
Action Required
Notional amount
USD 10,000,000
Deal type
Dealer buys 3 × 9 FRA
Trade date
Today
Book trade and confirm details with counterparty
Settlement date
In three months' time
Two days prior to SD, observe reference rate, calculate discounted amount of interest receivable or payable. Prepare payment or pre-advice instructions
Maturity date
In nine months' time
Contract period
A six-month period starting in three months' time
Reference rate
Six-month BBA USD LIBOR

TABLE 9.17
Settlement actions for an OTC option

OTC Options
Term Sheet
Action Required
Trade date
Today
Book trade and confirm details with counterparty
Option type
Call
Option style
Bermudan with exercise opportunity every Wednesday by close of business. Holder's choice to exercise; physical delivery.
Every Wednesday, observe share price.
If price is > break-even (USD 10.00), your dealer can exercise the option. Settlement will be for regular settlement: 10,000 shares DVP USD 90,000.00.
Expiry
10 weeks' time
Deal type
You hold 100 contracts of a single name equity (each contract = 100 shares)
Premium
USD 1.00 per share
On T+1, pay premium of USD 10,000 to writer.
Strike price
USD 9.00 per share

TABLE 9.18
Settlement actions for a bi-laterally cleared interest rate swap

IRS Bilaterally Cleared
Term Sheet
Action Required
Notional
CCY 10,000,000
Term
5 years
Fixed
5% p.a. payable annually
Floating
Six-month benchmark rate + 50 bp receivable semi-annually (Act/365)
Trade date
Today
Book trade and confirm details with counterparty.
Observe 6m interest rate.
Effective date
T+2
Reset dates
Every six months – 2 days
Observe 6m interest rate for next reset period.
Payment dates (fixed)
Every 12 months
Pay interest of 500,000.00
Payment dates (floating)
Every six months
Receive interest at previous reset rate plus 50 bp

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