39889000 Delta One Notes Due February 4, 2022, Linked to An

Total Page:16

File Type:pdf, Size:1020Kb

39889000 Delta One Notes Due February 4, 2022, Linked to An January 29, 2021 Pricing Supplement (To the Product Supplement dated May 15, 2020, the Prospectus Supplement dated May 15, 2020, and the Base Prospectus dated May 22, 2019) $39,889,000 Delta One Notes due February 4, 2022, Linked to an Equally-Weighted Basket of 15 Stocks General • The Notes are designed for investors who seek a return at maturity linked to the appreciation and dividends paid of an equally-weighted basket of fifteen common stocks (subject to a Participation Rate). The amount paid for each $1,000 in principal amount of the notes (the “Payment at Maturity”) will depend upon the performance of the Basket and the dividends paid on the Reference Shares over the term of the notes. Investors should be willing to forgo interest and, if the Basket Level Percentage is less than approximately 102.25%, be willing to lose some or all of their investment. All payments on the Notes are subject to the creditworthiness of the Issuer and Guarantor. 1 • Senior unsecured obligations of BNP Paribas maturing February 4, 2022. • Minimum Trading Size of $1,000 and integral multiples of $1,000 in excess thereof. The Notes will be issued in denominations of $1,000. 1 • The Notes were priced on January 22, 2021 (the Pricing Date) and will be issued on January 29, 2021 (the Issue Date). Key Terms Terms used in this Pricing Supplement, but not defined herein, shall have the meanings ascribed to them in the Product Supplement. Issuer: BNP Paribas. Guarantor: BNP Paribas acting through its NY Branch. Status of the Notes: Senior Preferred Notes. Coupon Rate: 0.00% (there are no coupon payments). Underlying Asset: The Notes are linked to an equally-weighted basket of shares of 15 common stocks (each, a “Reference Share” and a “Basket Component” and together, the “Basket”) of entities that are not affiliated with us (each, a “Reference Share Issuer”). Reference Share (Basket Component) Bloomberg Symbol Component Initial Price Final Price Weighting AutoZone Inc. ("AZO") AZO UN <Equity> 1/15 $1,193.0933, which is The sum of (a) the the arithmetic average arithmetic average of of the Average Intra- the Closing Price of day Prices of the the respective Basket respective Basket Component on each of Component on each of the 4 Valuation Dates, the 4 Averaging Dates. and (b) the Dividend Amount for that Basket Component Boston Scientific Corporation ("BSX") BSX UN <Equity> 1/15 $36.6372, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component CareTrust REIT Inc (“CTRE”) CTRE UW <Equity> 1/15 $22.8156, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component ChemoCentryx Inc (“CCXI”) CCXI UW <Equity> 1/15 $61.6969, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component 1 / 16 Chubb Ltd ("CB") CB UN <Equity> 1/15 $150.8992, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Cigna Corporation ("CI") CI UN <Equity> 1/15 $218.8419, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Dollar General Corporation ("DG") DG UN <Equity> 1/15 $205.4314, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Fidelity National Information Services FIS UN <Equity> 1/15 $127.5814, which is the The sum of (a) the Inc. ("FIS") arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Maximus Inc (“MMS”) MMS UN <Equity> 1/15 $77.6440, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Ping Identity Holding Corp (“PING”) PING UN <Equity> 1/15 $31.3585, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Teleflex Inc. ("TFX") TFX UN <Equity> 1/15 $381.5108, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Waste Connections Inc. ("WCN") WCN UN <Equity> 1/15 $101.5016, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, 2 / 16 Dates. and (b) the Dividend Amount for that Basket Component Webster Financial Corporation WBS UN <Equity> 1/15 $49.9750, which is the The sum of (a) the ("WBS") arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component WESCO International Inc. ("WCC") WCC UN <Equity> 1/15 $80.3805, which is the The sum of (a) the arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Wintrust Financial Corporation WTFC UW <Equity> 1/15 $64.0748, which is the The sum of (a) the ("WTFC") arithmetic average of arithmetic average of the Average Intra-day the Closing Price of Prices of the respective the respective Basket Basket Component on Component on each of each of the 4 Averaging the 4 Valuation Dates, Dates. and (b) the Dividend Amount for that Basket Component Average Intra-day Price: With respect to a Reference Share and any Averaging Date, the arithmetic mean of the prices at which we or any of our affiliates (which may include the Calculation Agent) acquires, establishes, reestablishes, substitutes, maintains, unwinds or disposes of, as the case may be, of any transactions or assets relating to that Reference Share as we deem necessary to hedge our obligations with respect to the Notes. Payment at Maturity: The amount that you will receive at maturity for each $1,000 in principal amount of Notes will depend upon the performance of the Basket and the dividends paid on the Reference Shares. The Payment at Maturity will equal: . $1,000 × Basket Level Percentage × Participation Rate The Basket Level Percentage must exceed approximately 102.25% in order for you to receive a Payment at Maturity per $1,000 in principal amount of the Notes that exceeds the principal amount. In addition, the Payment at Maturity could be substantially less than the principal amount of the notes, and you could receive zero. All payments on the Notes are subject to the creditworthiness of the Issuer and Guarantor. Participation Rate: 97.80%. Because the Participation Rate is less than 100%, the Basket Level Percentage must exceed approximately 102.25% in order for you to receive a payment at maturity per $1,000 in principal amount of the notes that exceeds the principal amount of the Notes. Basket Level Percentage: Equals the sum of the Component Returns for the respective Basket Components, with each one multiplied by its respective Component Weighting, expressed as a percentage. Component Return: The Component Return will measure the change in value of each Reference Share over the term of the notes, including the payment of certain dividends.
Recommended publications
  • New IRS Rules Would Impose U.S. Withholding Tax on Many Derivatives and Other Financial Transactions Linked to U.S
    December 19, 2013 clearygottlieb.com New IRS Rules Would Impose U.S. Withholding Tax on Many Derivatives and Other Financial Transactions Linked to U.S. Stock I. OVERVIEW On December 5, 2013, the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published proposed regulations that would impose U.S. withholding tax on a wide range of financial instruments linked to stock issued by U.S. issuers, including most equity swaps and many other equity derivatives, and many mandatory convertible bonds and structured notes that provide for the delivery of, or payment by reference to, U.S. equities. The withholding tax also will apply to certain conventional convertible bonds acquired in the secondary market. As drafted, the rules appear to apply to certain kinds of U.S. equity-based deferred compensation, M&A and joint venture transactions involving the acquisition of a minority stake and certain types of insurance although it is not clear that all of those applications were intended. The withholding tax would apply to payments and deemed payments by U.S. and non- U.S. payors on financial instruments held by nonresident aliens and legal entities organized outside the United States that are “long” the underlying stock, including individuals, hedge funds, activist shareholders, special purpose vehicles, and dealers trading for their own account, starting January 1, 2016. The rules generally would apply to equity swaps outstanding on that date, and would apply to other equity-linked instruments acquired on or after March 5, 2014, regardless of when they were issued or entered into.
    [Show full text]
  • UBS Hit by $2 Billion in Unauthorized Trades
    New s, Quotes, Companies, Videos SEA RCH Friday, September 16, 2011 As of 12:00 AM New Y ork 68º |59º BUSINESS Welcome, Robert A Miller Logout My Account My Journal Help U.S. Edition Home Today's Paper Video Blogs Journal Community World U.S. New York Business Markets Tech Personal Finance Life & Culture Opinion Careers Real Estate Small Business Asia Europe Earnings Economy He alth Law Autos Management Media & Marketing En e r g y CFO Journal More Industries 1 of 12 2 of 12 3 of 12 TOP STORIES IN Paulson Still a Bull UBS Raises Tally on Ford, Chrysler at Eff Business After His Bare Year Losses Bat With UAW Loa BUSINESS SEPTEMBER 16, 2011 UBS: Rogue Trader Hit Firm Swiss Bank Says It Lost $2 Billion on London Employee's Unauthorized Bets Article Video Interactive Graphics Comments (214) MORE IN BUSINESS » Email Print Save Like 22 602 By DEBORAH BALL,PAUL SONNE and CARRICK MOLLENKAMP UBS AG said a rogue trader racked up as much as $2 billion in losses using the firm's own money, a dramatic admission that raised new questions about the ability of one of the world's largest banks to manage risk and global regulators' ability to monitor it. The losses stemmed from unauthorized derivatives-trading bets, according to a person familiar with the matter. The bank said no client positions were affected. The Swiss bank made the discovery late Wednesday and notified London police at 1 a.m. Thursday, alleging that one of its traders had committed fraud. At 3:30 a.m., police Enlarge Image arrested a 31-year-old man on "suspicion of Sarah Ainslie fraud by abuse of position." UBS said its London employee Kw eku Adoboli, show n here in 2010, allegedly lost $2 billion of the bank's The man arrested is Kweku Adoboli, money in unauthorized trades.
    [Show full text]
  • Key Information Document Spread Bets on Delta One Indices
    Key Information Document Spread bets on Delta One Indices Key Information Document – Delta One Spread Bets on Indices Purpose This document provides you with key information about this investment product. This is not marketing material. The information is required by law to help you understand the nature, risks, costs, potential gains and losses of this product and to help you compare it with other products. Spread bets are provided by Monecor (London) Ltd, a company registered in England and Wales, number 00851820. ETX Capital is a trading name of Monecor (London) Limited which is authorized and regulated by the Financial Conduct Authority in the United Kingdom, register number 124721. Call 0800 138 4582 or go to www.etxcapital.com for more information. This document was created/last updated on May 30th, 2018. You are about to purchase a product that is not simple and may be difficult to understand. What is this product? Type A Delta One product allows the investor to gain exposure to the reference market in a more capital efficient manner. Delta One products allow our clients the ability to gain leveraged exposure to the reference market while containing no pricing optionality. As such, movement of the Delta One markets will always be 1:1 with the reference market on which it is based. A spread bet is a leveraged contract entered with ETX Capital. It allows an investor to speculate on rising or falling prices in the reference Indices market. A Delta One Spread Bet Contract is a leveraged contract opened with ETX Capital that allows an investor to speculate on rising or falling prices of a Stock Index.
    [Show full text]
  • Global Corporate and Investment Banking: an Agenda for Change
    Global Corporate & Investment Banking Practice Global Corporate and Investment Banking: An Agenda for Change Global Corporate and Investment Banking: An Agenda for Change Foreword 1 Day of Reckoning? New Regulation and Its Impact 3 On Capital Markets Businesses Europe: Beyond the Crisis, New Challenges 31 And Opportunities Asia: The Future of Corporate and 37 Investment Banking Out of the Shadows: Central Clearing of 56 Repurchase Agreements Winning in Flow: Scale Is Everything 83 Foreword 1 Foreword our years after the financial crisis, the agenda for change within the F global corporate and investment banking (CIB) industry remains signifi- cant. In this compendium, we bring together five articles published over the past year that serve as a ready reckoner for the CIB agenda—not just for capital markets and banking, but also for critical components of the bank- ing infrastructure that supports funding. Day of Reckoning explores the impact of new regulation on capital markets businesses. After-tax return on equity for these businesses is likely to fall from 20 percent pre-regulation to 7 percent, absent any mitigating actions by banks. We suggest strategies that banks can pursue to manage the impact of regulation on their capital markets businesses and to maintain an accept- able level of profitability. We examine portfolio optimization, model and data quality improvements, financial efficiency and operational enhancements. In Europe: Beyond the Crisis, New Challenges and Opportunities, we review the impact of new regulation on corporate banking businesses. De- spite significant reductions in credit costs, profits remain well below 2007 peaks in these businesses. Many of the mitigation strategies for capital markets businesses are relevant to restoring profitability to corporate bank- ing.
    [Show full text]
  • Keeping Rogue Traders at Bay
    Portfolio Media. Inc. | 860 Broadway, 6th Floor | New York, NY 10003 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Keeping Rogue Traders At Bay Law360, New York (October 04, 2011, 4:27 PM ET) -- On Sept. 16, 2011, Kweku Adoboli, a native of Ghana and UBS AG employee, was charged with fraud arising out of unauthorized trading. UBS estimates that Adoboli’s rogue trading continued for three years and caused it to incur losses of $2.3 billion. Banks, lawyers and other industry specialists are all posing the same question: Given UBS’ sophisticated risk procedures, how did Adoboli’s rogue trading go undetected for so long? And what lessons can the industry learn? A Little Background Adoboli joined UBS’ London investment banking division as an analyst in 2003 after graduating, with honors, from the University of Nottingham in England. Adoboli served a so-called “back-office” function: He entered and confirmed trades, handled accounting issues and transmitted payments. In September 2006, he began trading exchange-traded funds (ETFs) on UBS’ “Delta-One” trading desk. The trading involves two steps. First, a client initiates a trade in an ETF that bets on the direction of a group of stocks, such as European or U.S. stocks. The trader executes the trade and acquires the basket for UBS. Second, the trader hedges the trade by creating a mirror trade of the bet. Adoboli skipped the second step and made unauthorized unhedged trades on the direction of European and U.S. stock markets using UBS funds.
    [Show full text]
  • Tax Considerations for 2017
    Tax Considerations for 2017 January 17 ,17 2017, 2017 | New | New York CitYorky City Noah D. Beck Noah’s practice focuses on tax aspects of domestic and cross-border mergers and acquisitions, joint ventures, spinoffs, restructurings and workouts, and private equity fund formation issues. He has advised on complex transactions, including the acquisition by Cerberus of the leading automotive supplier ABC Group Inc.; Home Meridian International’s sale of its business to Hooker Furniture Corporation; the public acquisition of Safeway Inc. by Albertsons Partner and a consortium led by Cerberus Capital Management LP; the sale of New York Office Orchard Brands Corporation to Bluestem Group Inc.; the acquisition by +1 212.756.2508 Cerberus of the automotive interiors business of Visteon Corporation; Tiptree [email protected] Financial Inc.’s sale of subsidiary Philadelphia Financial Group Inc. to funds managed by the Tactical Opportunities Group of The Blackstone Group LP; and the sale by Cerberus, its affiliate The Traxis Group BV and Blue Bird Practices Corporation of the outstanding capital stock of School Bus Holdings Inc., an indirect parent company of Blue Bird, to Hennessy Capital Acquisition Corp. Tax Mergers & Acquisitions A member of the Tax Section of the New York State Bar Association, Noah Private Equity is recognized as a leading lawyer by The Legal 500 United States and New York Super Lawyers, and he is also listed in Private Funds Management’s “30 Under 40: The 30 Most Influential Private Equity Lawyers Under the Age of 40.” He is the co-author of “The Demise of CoCos and the Tax Consequences of Exchanging Convertible Debt” (Practising Law Institute, Corporate Tax Practice Series).
    [Show full text]
  • IRS Again Extends Phase-In of Section 871(M) Regulations
    VOLUME 03, ISSUE 1 | January 6, 2020 Structured and market-linked product news for inquiring minds. IRS Again Extends Phase-In of In This Issue IRS Again Extends Phase-In of Section 871(m) Regulations 1 Section 871(m) Regulations FDIC Proposes Changes to Brokered Deposits Restrictions 3 Proposed Sales Practice Rule Affects Leveraged/Inverse ETFs; On December 16, 2019, the Internal Revenue Service ETNs and Structured Notes Also in the Crosshairs 5 1 (the “IRS”) released Notice 2020-2 (the “Notice”), NAIC Developments Related to Principal-Protected Notes 8 which further extends the phase-in of regulations under Proposed Amendments to Advertising Rule for Registered Section 871(m) of the Code2 (the “Regulations”)3 and Investment Advisers 8 related provisions. Section 871(m) and its Regulations FINRA Tips on ESG Investing 9 generally treat “dividend equivalents” paid (or deemed Proposed Changes to the Definition of Accredited Investor paid) under certain contracts as U.S. source dividends and the Definition of Qualified Institutional Buyer 9 that are subject to withholding tax if paid to a non-U.S. person. Prior to the release of the Notice, the IRS had issued the following guidance on the Regulations: Notice 2010-46 containing the qualified securities lender (the “QSL”) regime, published in June 2010; Notice 2016-76 delaying the effective date of the Regulations, among other things, published in December 2016, and its corresponding final and temporary regulations published in January 2017;4 Revenue Procedure 2017-15 containing the final
    [Show full text]
  • Institutional Trading of Equity Derivatives
    Institutional Trading of Equity Derivatives By Jay Bennett, John Colon and John Feng Each year Greenwich Associates, a consulting firm specializing in financial services, interviews investment managers, hedge funds and other institutions in North America and Europe that trade equity derivatives. The 2009 study, which was conducted between April and June, revealed some significant trends in the usage of “flow” derivatives, a category that includes not only exchange-traded equity options and futures but also a variety of over-the-counter equity derivatives such as index swaps, OTC options, variance swaps and dividend swaps. In the following article, three of the firm’s consultants describe their findings and highlight the key trends of the past year. espite declines in asset values and a sharp institutions are still relying on the telephone Institutions said this is an important criteria in Dfall-off in hedge fund trading, Greenwich to execute their trades, especially with selecting brokers, but not as important as com- Associates found an increase in the number of respect to options. petitiveness of options pricing, expertise of institutions that use certain types of flow The study was based on interviews with sales professionals, and the ability to provide equity derivatives, in particular options and 222 institutions in the U.S. and Canada and consistent service during volatile markets. futures based on equity indices. Looking for- 190 institutions in 14 European countries. In The study indicates some important ward, institutions in both North America and North America, the study participants con- differences between European and North Europe said that they expect to increase their sisted of investment managers, hedge funds, American institutions in their use of flow usage of flow equity derivatives in 2010 in mutual funds, and pension funds.
    [Show full text]
  • How a Rogue Trader Crashed
    SPECIAL REPORT Workers assemble a Swiss bank UBS sign at the Marina Bay Street Circuit of the Singapore Formula One Grand Prix September 21, 2011. REUTERS/ TIM CHONG HOW A ROGUE TRADER CRASHED UBS Alleged illegal trades at the Swiss bank have left it bruised and made it more likely that investment banks will face much tougher regulations BY EMMA THOMASSON AND ceiling, and made their way to the gold- For UBS chief Oswald Gruebel -- and EDWARD TAYLOR coloured lifts that whisk guests up to rooms perhaps for UBS as it is currently constituted ZURICH/SINGAPORE, SEPT 27 that overlook the Marina Bay street circuit. -- it was more like the end of the road. The As the bankers sped past works of art by bank’s board had met in Singapore that ATE LAST FRIDAY afternoon, as the likes of Henry Moore, David Hockney afternoon to discuss the loss of $2.3 billion Formula One teams readied their cars and Frank Stella, some made their way by an alleged rogue trader in its London- forL a practice session ahead of the Singapore straight to a lounge UBS had hired to based investment banking arm. Though Grand Prix, the entrance hall of the nearby entertain clients during the race weekend. the board had not yet gone public with the Ritz-Carlton buzzed with activity. At its entrance stood three Singaporean news, it had decided to accept Gruebel’s One by one, senior executives of Swiss women wearing red and white polo shirts, resignation and appoint an interim bank UBS entered the lobby, which is each holding a sign emblazoned with the replacement.
    [Show full text]
  • Thomas G. Mccabe, Chief Regulatory Officer, Onechicago
    Via Electronic Submission August 26, 2019 Vanessa A. Countryman Secretary Securities and Exchange Commission 100 F. St. NE Washington, D.C. 20549 Christopher Kirkpatrick Secretary of the Commission Commodity Futures Trading Commission Three Lafayette Centre 1155 21st Street NW Washington, D.C. 20581 Re: Customer Margin Rules Relating to Security Futures Dear Ms. Countryman and Mr. Kirkpatrick: OneChicago, LLC (“OneChicago”) appreciates the opportunity to comment on the Commodity Futures Trading Commission’s (“CFTC”) and the Securities and Exchange Commission’s (“SEC”) proposed rule for Customer Margin Rules Relating to Security Futures. As the only domestic exchange listing Single Stock Futures (“SSFs”), OneChicago has the clearest understanding of how security futures are used by market participants and we are happy to share our perspective. OneChicago is supportive of regulatory changes which more closely align the level of margin with the level of risk. While a change from 20% minimums to 15% minimums for security futures moves in this direction, it does not remove the burden of over-margining, the topic of this paper. Currently, 92% of OneChicago’s SSFs are margined at a level greater than is set by the clearinghouse for comparable products, which are equity swaps. Under the proposed rule, 84% of SSFs will still be over-margined. At best, the CFTC’s and SEC’s (collectively the “Commissions’”) proposal is a first-step towards the risk- based margining that is needed in the SSF marketplace. In their analysis, the Commissions fail to compare SSF margins to the margins for competitive products and critically, seem to ignore the foundational cornerstone of future market protection, daily variation pay/collect.
    [Show full text]
  • Administration's Paper on "Prescription of Additional Markets
    LC Paper No. CB(1)346/17-18(01) For information Legislative Council Panel on Financial Affairs Prescription of Additional Markets and Clearing Houses and Prescription of Delta One Warrants under the Over-the-counter Derivatives Regulatory Regime in Hong Kong PURPOSE This paper briefs Members on two proposed adjustments to the scope of the term “OTC derivative product” under the over-the-counter (“OTC”) derivatives regulatory regime in the Securities and Futures Ordinance (“SFO”). The adjustments involve the prescription of additional markets and clearing houses under section 392A(a) of the SFO and exclusion of Delta One Warrants from the term “OTC derivative products”. BACKGROUND 2. The Legislative Council enacted the Securities and Futures (Amendment) Ordinance 2014 to provide for a regulatory framework for the OTC derivatives market in Hong Kong to meet the relevant commitments of the Group of Twenty. Among other things, the framework introduces mandatory obligations that require the reporting, clearing and trading of OTC derivative transactions. In line with other markets, the mandatory obligations are being implemented in phases. The first and second phases of mandatory reporting came into force on 10 July 2015 and 1 July 2017 respectively, and the first phase of mandatory clearing came into force on 1 September 2016.1 3. In March 2017, market participants approached the Hong Kong Monetary Authority (“HKMA”) and the Securities and Futures 1 The first phase of mandatory reporting covered transactions in certain interest rate swaps and non-deliverable forwards. The second phase of mandatory reporting has expanded the scope to cover all OTC derivative transactions in the five key asset classes (namely, interest rate, foreign exchange, equity, credit and commodity).
    [Show full text]
  • Amergeris: Securitizations
    AMERGERIS SECURITIZATIONS WEALTH MANAGEMENT GROUP Securitization is a financial technique that enables the transfer of ASSET CLASSES risk pertaining to certain underlying assets to an SPV which will finance the acquisition of the underlying by the issue of There are no restrictions on which assets can be securitized. transferable securities. The amended law of 22 March 2004 on Securitization transactions therefore can consequently directly securitization, defines securitization as “the transaction by which involve movable or immovable assets. The underlying can for a securitization undertaking acquires or assumes, directly or example be, but is not limited to, shares, loan agreements, through another undertaking, risks relating to claims, other receivables, patents, airplanes, real estate, commodities, etc. assets, or obligations assumed by third parties or inherent to all Moreover, the risks deriving from the ownership of such movable or part of the activities of third parties and issues securities, or immovable property can form the subject of a securitization whose value or yield depends on such risks”. The securitization transaction. vehicle takes on these risks by acquiring the securities, guaranteeing the obligations or bearing the risk in some other INVESTOR PROTECTION manner. Luxembourg's Securitization Law provides for contractual KEY BENEFITS provisions with limited possibilities of recourse, a ranking clause regarding the claims of the investors and creditors as well as • Delta one performance, the participation is 1 to 1 on the protection for a Securitization Vehicle in the case of insolvency underlying; proceedings against the originator. • In theory all material and immaterial goods can be securitized; • EU promotion for listed products; TAXATION • No Issuer Risk; • The flexibility of the product; Securitization Vehicles which are formed as corporations are • Time to market is expedient compared to other structures; and liable to taxation as follows: • Securitization vehicles do not qualify as an AIF within the meaning of the AIFM Law.
    [Show full text]