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4.4 Legal risk - Scor

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MORTALITY SWAPS<br />

On 1 January 2008, SCOR Global Life SE concluded a four-year mortality swap with an affiliate of J.P. Morgan Chase & Co.<br />

On 1 September 2009, the terms of the agreement were amended to add an additional layer of protection.<br />

Under the terms of the original 2008 agreement (“1st tranche”) SCOR Global Life SE would have received cash up to a<br />

nominal amount of USD 100 million and EUR 36 million in the event of a rise in mortality. Under the terms of the amended<br />

agreement in 2009 (“2nd tranche”) SCOR Global Life SE would also have received cash up to a nominal amount of<br />

USD 75 million in the event of a rise in mortality. The agreement, which ran for a <strong>risk</strong> period from 1 January 2008 to<br />

31 December 2011 and 1 January 2009 to 31 December 2011 for the 1st and 2nd tranche respectively, terminated on 15<br />

January 2012. The termination had no material P&L impact in 2012.<br />

REAL ESTATE SWAPS<br />

SCOR has entered into two real estate swap contracts, with ABN AMRO. The contracts were subsequently assigned to<br />

RBS. This dual-swap transaction has been concluded for 5 years commencing in 2007 and ended in April 2012. The two<br />

separate swaps were calculated and settled annually in April of each year:<br />

• SCOR swaps the French offices total return for 1Y Euribor + 2.20%.<br />

• SCOR swaps 1Y Euribor + 2.20% for the German all properties total return.<br />

The objective of this transaction was to:<br />

• Hedge SCOR’s direct economic exposure to the Paris commercial real estate market.<br />

• Diversify SCOR’s real estate direct allocation to other real estate sectors, especially residential, with geographical<br />

diversification through another country exposures.<br />

The indices used to measure the relevant real estate returns are those issued by an independent third party company (IPD).<br />

These indexes are obtained by the analysis of the appraised market values on 31 December of each year and rental<br />

incomes of the real estate portfolios of institutional investors using the independent third party provider. The indices are<br />

therefore derived from a large and diversified data base. The notional exposure for each of the four components of the<br />

transactions was EUR 30 million. The termination had no material P&L impact in 2012.<br />

Valuation<br />

SCOR valued these swaps using an internal model based on observable banking and real estate inputs.<br />

INTEREST RATE SWAPS<br />

SCOR has entered into interest rates swaps to cover its exposure to financial debt with variable interest rates relating to real<br />

estate investments. The fair value of these swaps is obtained from the banking counterparty using market inputs. As part of<br />

the usual analysis of accounts processes these third party valuations are checked for reasonableness against internal<br />

models. The total notional amount relating to these swaps is EUR 302 million as at 31 December 2012 (2011:<br />

EUR 326 million). Net interest paid under these swaps amounted to EUR 17 million in 2012 (2011: EUR 4 million).<br />

Valuation and presentation<br />

Cash-flow hedge accounting is applied when the hedging relationship is determined to be highly effective. Effectiveness<br />

testing is performed at the inception of the hedging relationship and at each balance sheet date throughout the term of the<br />

hedge relationship. Where hedge effectiveness is not attained, the hedging instrument (interest rate swap) is measured at<br />

fair value through profit and loss from the date the hedge relationship ceases to be effective. As at 31 December 2012, the<br />

fair value of the interest rate swaps was a liability of EUR 36 million (2011: liability of EUR 24 million). The amount<br />

recognized in other comprehensive income in 2012 is EUR (12) million (2011: EUR (21) million). The amount recognized in<br />

the statement of income in 2012 was EUR (2) million (2011: EUR (2) million).<br />

CURRENCY SWAPS<br />

In order to hedge the FX <strong>risk</strong> associated with the debts issued in CHF (CHF 650 million issued in 2011, CHF 315 million<br />

issued in 2012, see Note 14 – Financial debt), SCOR entered into cross-currency swaps which exchange the principals into<br />

EUR and exchange the coupons on the notes into EUR and mature on 2 August 2016 and 8 June 2018.<br />

Valuation and presentation<br />

Cash-flow hedge accounting is applied. The fair value of the swaps is obtained from the banking counterparty using market<br />

inputs. As part of the usual analysis of accounts processes these third party valuations are checked for reasonableness<br />

against internal models. The total relating notional amount is CHF 965 million as at 31 December 2012 (2011:<br />

CHF 650 million). Fair value of the swaps is EUR 9 million as at 31 December 2012 (EUR 15 million as at<br />

31 December 2011). EUR 7 million of the fair value movement during the year was credited to the statement of income<br />

(2011: EUR 15 million) wheras EUR 13 million was debited to other comprehensive income (2011: nil).<br />

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