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Derivatives in Plain Words by Frederic Lau, with a ... - HKU Libraries

Derivatives in Plain Words by Frederic Lau, with a ... - HKU Libraries

Derivatives in Plain Words by Frederic Lau, with a ... - HKU Libraries

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isk if counterparties who have lost money on derivatives contractscompla<strong>in</strong> publicly that they were misled about the risks or take legalaction. The authorized <strong>in</strong>stitution may also be exposed to credit risk ifthe counterparty fails to meet his f<strong>in</strong>ancial obligations under the contract.This risk can arise <strong>in</strong> respect of both corporate and personal customers(particularly <strong>in</strong> the private bank<strong>in</strong>g area). The MA has come across anumber of the latter cases <strong>in</strong> 1995.19. For the <strong>in</strong>stitution's own protection, the board should approve clearwritten policies to address the issues of selection and appraisal ofcounterparties, risk disclosure and handl<strong>in</strong>g of disputes and compla<strong>in</strong>ts.Such policies and procedures were lack<strong>in</strong>g <strong>in</strong> a number of authorized<strong>in</strong>stitutions whose controls were reviewed <strong>in</strong> 1995. The objective ofsuch policies and procedures is prudential <strong>in</strong> nature : to protect anauthorized <strong>in</strong>stitution aga<strong>in</strong>st the credit, reputation and litigation risks thatmay arise from a counterparty's <strong>in</strong>adequate understand<strong>in</strong>g of the natureand risks of the derivatives transaction. Such counterparties may notfully understand their obligations under the derivatives contracts andtherefore may be unable to anticipate and plan for the risks these obligationsentail. This gives rise to a higher than normal risk of default and agreater potential for litigation and damage to the authorized <strong>in</strong>stitution'sreputation. As <strong>in</strong> the case of an ord<strong>in</strong>ary credit facility, the MA expectsthat, as part of its credit analysis, an authorized <strong>in</strong>stitution will :a) analyze the expected impact of the proposed derivatives transactionon the counterparty;b) identify whether the proposed transaction is consistent <strong>with</strong> thecounterparty's policies and procedures <strong>with</strong> respect to derivativestransactions, as they are known to the <strong>in</strong>stitution; andc) ensure that the terms of the contract are clear and assess whetherthe counterparty is capable of understand<strong>in</strong>g the terms of the contractand of fulfill<strong>in</strong>g its obligations under the contract.Guidel<strong>in</strong>e on Risk Management of <strong>Derivatives</strong> and Other Traded Instruments

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