The new regulatory scene for OTC derivatives and collateral
The 2016 ISDA Credit Support Annex For Variation Margin (VM) under
English Law
The 2016 ISDA Credit Support Annex For Variation Margin (VM) under
New York Law
Important developments since the global financial crisis
Paul C. Harding is a graduate of the University of London, and has
worked in several UK and foreign banks in London, in credit,
marketing and documentation roles. Since 1990 he has been involved
with derivatives documentation. He was a well-known negotiator in
the City of London with Barclays Capital Securities Limited and
Hill Samuel Bank Limited, where he was Head of Treasury
Documentation.
In February 1997 he founded Derivatives Documentation Limited, a
derivatives consultancy and project management company, based in
the City of London and providing negotiation, recruitment and
in-house training services in derivatives documentation (website:
www.derivsdocu.com). Its clients include many of the world's
leading banks. Since 2000 the company has also done considerable
repo documentation training.
In November 2001 Paul's book Mastering the ISDA Master Agreement
was published by Financial Times-Prentice Hall. This was followed
by his Mastering Collateral Management and Documentation, written
in conjunction with Christian Johnson, which was published by
Financial Times-Prentice Hall, in November 2002. His book on the
2002 ISDA Master Agreement was published in December 2003 also by
Financial Times-Prentice Hall, and in 2004 the first edition of A
Practical Guide to using Repo Master Agreements by Paul Harding and
Christian Johnson was published by Euromoney Books.
The global regulatory pressure to create new standardized documentation for the complicated and arcane process of posting variation margin has been extraordinary. In response, ISDA issued two standard forms of Credit Support Annexes for Variation Margin. Thankfully for neophytes and experts alike, Paul Harding and Abigail Harding have provided a rosetta stone for understanding these new forms and the regulations and regulatory environment surrounding them. This new practice guide provides an articulate, cogent and comprehensive discussion of these issues and the regulations driving their creation, complete with a thorough annotation of each of the provisions in the two 2016 Credit Support Annexes. No derivative documentation specialist or practitioner’s bookshelf will be complete without it. --Christian A Johnson, Dean and Professor of Law, Widener University Commonwealth Law School
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