Legal Risk Section 2070.1
Legal Risk Section 2070.1 An institution’s trading and capital-markets will prove unenforceable. Many trading activi- activities can lead to significant legal risks. ties, such as securities trading, commonly take Failure to correctly document transactions can place without a signed agreement, as each indi- result in legal disputes with counterparties over vidual transaction generally settles within a very the terms of the agreement. Even if adequately short time after the trade. The trade confirma- documented, agreements may prove to be unen- tions generally provide sufficient documentation forceable if the counterparty does not have the for these transactions, which settle in accor- authority to enter into the transaction or if the dance with market conventions. Other trading terms of the agreement are not in accordance activities involving longer-term, more complex with applicable law. Alternatively, the agree- transactions may necessitate more comprehen- ment may be challenged on the grounds that the sive and detailed documentation. Such documen- transaction is not suitable for the counterparty, tation ensures that the institution and its coun- given its level of financial sophistication, finan- terparty agree on the terms applicable to the cial condition, or investment objectives, or on transaction. In addition, documentation satisfies the grounds that the risks of the transaction were other legal requirements, such as the ‘‘statutes of not accurately and completely disclosed to the frauds’’ that may apply in many jurisdictions. investor. Statutes of frauds generally require signed, writ- As part of sound risk management, institu- ten agreements for certain classes of contracts, tions should take steps to guard themselves such as agreements with a duration of more than against legal risk.
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