COVID-19 will have a range of impacts on Over-the-Counter (OTC)
derivative transactions. Some key impacts arising as a consequence
of COVID-19 are:
- Practical effects of a lock down - We are yet
to truly see how a lock down or working from home will affect
derivatives , but there are number of practical considerations. For
example tghe general methods of serving default notices under an
International Swaps and Derivatives Assosciation (ISDA) Master
Agreement, the standard document under which derivatives are
traded, are mail deliveries, couriers and fascimiles. In a lock
down, a counter party may not be able to locate a courier or even
if they can there may be no one at the delivery location to receive
the notice .
- Local business days - The majority of the
obligations under the ISDA agreement need to be performed on a
local business day for the relevant jurisdiction specified in the
relevant transaction confirmation or separately agreed between the
parties. As we saw in China, the local governments may extend
public holidays so it is important to understand the jurisdictions
where your local business days occur.
- Exchange Disruption - With the current market
turbulence, equity derivatives are likely to be affected on price
for the underlying assets or index and disruptions to the exchange
( eg suspensions or delays). Equity derivatives has a variety of
disruption events which may be triggered, and is important to
understand what the rights and obligations of a counter party are,
including when a derivative is capable of being terminated.
- Collateral Obligations - Often a counter party
will use listed assets as collateral for its margining obligations.
However the market turbulence in relation to those assets may
diminish their value which could in turn reduce the value of the
posted collateral. A collateralised Counter party would then be
able to make a collateral call, requiring additional collateral to
be posted. A failure to meet collateral calls can allow counter
parties to close out and terminate outstanding transactions.
- Regulatory Requirements - Following the 2008
GFC, regulatory reforms were implemented across the globe to
increase the stability of the OTC derivative market. One of these
mandatory initial margining is still being phased in with certain
entities due to come into scope in september 2020. The
documentation requirements for compliances with the initial margin
regulations are quite time consuming with a need to engage with
custodians, collateral managers and counterparties. Given the
amount of activity in the OTC derivative market , entities may find
it difficult to get traction with their custodians and
counterparties on initial margining documentation if they leave it
too late.
Important Investment objectives
- Safety- There is truth to the anxiom that
there is no auch thing as a completely safe and secure investment.
However we can get close to ultimate safety for our investment
funds through the purchase of government issued securities in
stable ecconomic systems or through the purchase of corporate bonds
issued by large, stable compnies. Such securities are arguably the
best means of preserving principal while receiving a specified rate
of return.
- Income- Most investors, even the most
conservative minded ones, want some level of income genreration in
their portfolios, even if it is just to keep up with the economy's
rate of inflation. But maximising income return can be an
overarching principle for a portfolio, particularly for individuals
who require a fixed some from their portfolio every month.
- Capital Growth- It is mostly assosciated with
the purchase of common stock, particularly growth securities, which
offer low yields but a considerable opportunity for an increase in
value. Blue chip stocks can potentially offer the best of all
worlds by possesing reasonable safety, modest income and potential
for capital growth generated by long term increases in corporate
revenues and earnings as the company matures. Common stock is
rarely able to provide the safety and income generation of
government bonds.
- Tax Minimisation- An investor may pursue
certain investments to leverage tax minimisation as partof their
investment strategy. A highly paid executive for example may seek
investments with favorable tax treatment to lessen his / her
overall income tax burden.
- Marketability/Liquidity- Common stock is often
considered as the most liquid of all investments because it can be
sold within a day or two. Bonds are also marketable, but some bonds
are highly illiquid or non - tradable with a fixed term. Similarly
money market instruments may only be redeemable at the precise date
at which the fixed term ends. If an investor seeks liquidity money
market assets and non-tradable bonds are not likely to be held in
their portfolio.
- Wealth Maximisation - Shareholders wealth
maximisation is another objective of investment.
These are the main 6 investment objectives for Derivative
Investments. Inorder to achieve these all objectives,
- Proactively review your agreements for conseqences of market
disruption
- Keep your notice information up to date
- Review your documentation as a whole
- Review business continuity plans