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Set-Off and Netting, Derivatives, Clearing Systems
Set-Off and Netting, Derivatives, Clearing Systems
2nd Edition, (Volume 4 in the Series)
Series:  Law and Practice of International Finance Series
ISBN:  9781847032133
Published by:  Sweet & Maxwell
Publication Date:  21 Jun 2007
Format:  Hardback
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Part of the Law and Practice of International Finance series, this work gives practical guidance on set-off and netting, derivatives and clearing systems, in virtually all the world’s jurisdictions to help you reduce exposure to risk in international financial contracts. The 2nd edition:
  • Provides you with a worldwide comparative study of set-off and netting including a survey of special netting statutes globally so you can apply the appropriate legislation, directives and case law correctly, no matter where the parties are based or operating
  • Includes outlines of set-off and netting agreements including group account netting, together with commentary so you can draft agreements easily
  • Covers all types of derivatives and derivative markets and the legal risks that may arise so you are clear on the law surrounding how these should be agreed
  • Gives you clear outlines for swaps and derivatives transactions, clarifying the terms used to help you with this complex area
  • Discusses the legal risks of derivatives so you know what to look out for
  • Analyses the ISDA master agreement giving you expert guidance on its meaning and how it can be used in practice
  • Deals with the law of securities and settlement systems so that you know how the law and systems can be used effectively and efficiently
Set-off and netting
  • Principles of set-off and netting
  • Insolvency set-off and netting
  • Set-off between solvent parties
  • Set-off and netting mutuality
  • Set-off against interveners; assignees, attaching creditors, undisclosed principals and others
  • Conflict of laws for set-off and netting
  • Special netting statutes
  • World summary of set-off and netting
  • Outlines of set-off and netting agreements and commentary
  • Transactions derivatives
  • Derivatives markets
  • Documentation of derivatives and the ISDA forms
  • Legal aspects of derivatives
Payment and securities clearing systems
  • Structure and operation of payment systems
  • Insolvency risks and time of payment
  • Bank liabilities in payment systems
  • Payment systems and conflict of laws
  • Settlement systems for securities
  • EU Directives on clearings
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