Libor Cessation Impact on Uk Pension Schemes
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LIBOR Transition - Legislative Solutions
LIBOR Transition - Legislative Solutions FIA Conference LIBOR: Where Are We and Where Are We Going? April 28-29, 2021 Authors Deborah North, Partner David Wakeling, Partner James Bryson Leland Smith Tough legacy proposals Overview of Proposed Legislative Measures Targeting “tough legacy” contracts Potential legislative solutions in UK and US, as well as published legislation in the EU and NY ‒ UK proposals remain moving targets ‒ NY solution is law; US federal solution likely ‒ UK goes to source ‒ US and EU change contract terms ‒ Mapping the differences ‒ Safe harbors Others? © Allen & Overy LLP | LIBOR Transition – Legislative Solutions 1 Tough legacy proposals Mapping Differences Based on Current Proposals EU (Regulation (EU) 2021/168 of the European Parliament and of the Council amending Regulation (EU) 2016/1011(EU BMR), Proposal US (NY) dated February10, 2021 (and effective from February 13, 2021) UK (Financial Services Bill) Scope USD LIBOR only. Potentially all LIBORs. Currently expected to be certain tenors of GBP, JPY, and All NY law contracts with no Contracts USD LIBOR (subject to further consultation). fallbacks or fallbacks to LIBOR- a) without fallbacks All contracts which reference the relevant LIBOR. FCA based rates (e.g. last quoted b) no suitable fallbacks (fallbacks deemed unsuitable if: (i) don't cover discretion to effect LIBOR methodology changes as it LIBOR/dealer polls). appears on screen page. Widest extra-territorial impact (but permanent cessation; (ii) their application requires further consent Fallbacks to a non-LIBOR from third parties that has been denied; or (iii) its application no may be trumped by the contractual fallbacks or the US/EU legislation to the extent of their territorial reach). -
The Pound Sterling
ESSAYS IN INTERNATIONAL FINANCE No. 13, February 1952 THE POUND STERLING ROY F. HARROD INTERNATIONAL FINANCE SECTION DEPARTMENT OF ECONOMICS AND SOCIAL INSTITUTIONS PRINCETON UNIVERSITY Princeton, New Jersey The present essay is the thirteenth in the series ESSAYS IN INTERNATIONAL FINANCE published by the International Finance Section of the Department of Economics and Social Institutions in Princeton University. The author, R. F. Harrod, is joint editor of the ECONOMIC JOURNAL, Lecturer in economics at Christ Church, Oxford, Fellow of the British Academy, and• Member of the Council of the Royal Economic So- ciety. He served in the Prime Minister's Office dur- ing most of World War II and from 1947 to 1950 was a member of the United Nations Sub-Committee on Employment and Economic Stability. While the Section sponsors the essays in this series, it takes no further responsibility for the opinions therein expressed. The writer's are free to develop their topics as they will and their ideas may or may - • v not be shared by the editorial committee of the Sec- tion or the members of the Department. The Section welcomes the submission of manu- scripts for this series and will assume responsibility for a careful reading of them and for returning to the authors those found unacceptable for publication. GARDNER PATTERSON, Director International Finance Section THE POUND STERLING ROY F. HARROD Christ Church, Oxford I. PRESUPPOSITIONS OF EARLY POLICY S' TERLING was at its heyday before 1914. It was. something ' more than the British currency; it was universally accepted as the most satisfactory medium for international transactions and might be regarded as a world currency, even indeed as the world cur- rency: Its special position waS,no doubt connected with the widespread ramifications of Britain's foreign trade and investment. -
APAC IBOR Transition Benchmarking Study
R E P O R T APAC IBOR Transition Benchmarking Study. July 2020 Banking & Finance. 0 0 sia-partners.com 0 0 Content 6 • Executive summary 8 • Summary of APAC IBOR transitions 9 • APAC IBOR deep dives 10 Hong Kong 11 Singapore 13 Japan 15 Australia 16 New Zealand 17 Thailand 18 Philippines 19 Indonesia 20 Malaysia 21 South Korea 22 • Benchmarking study findings 23 • Planning the next 12 months 24 • How Sia Partners can help 0 0 Editorial team. Maximilien Bouchet Domitille Mozat Ernest Yuen Nikhilesh Pagrut Joyce Chan 0 0 Foreword. Financial benchmarks play a significant role in the global financial system. They are referenced in a multitude of financial contracts, from derivatives and securities to consumer and business loans. Many interest rate benchmarks such as the London Interbank Offered Rate (LIBOR) are calculated based on submissions from a panel of banks. However, since the global financial crisis in 2008, there was a notable decline in the liquidity of the unsecured money markets combined with incidents of benchmark manipulation. In July 2013, IOSCO Principles for Financial Benchmarks have been published to improve their robustness and integrity. One year later, the Financial Stability Board Official Sector Steering Group released a report titled “Reforming Major Interest Rate Benchmarks”, recommending relevant authorities and market participants to develop and adopt appropriate alternative reference rates (ARRs), including risk- free rates (RFRs). In July 2017, the UK Financial Conduct Authority (FCA), announced that by the end of 2021 the FCA would no longer compel panel banks to submit quotes for LIBOR. And in March 2020, in response to the Covid-19 outbreak, the FCA stressed that the assumption of an end of the LIBOR publication after 2021 has not changed. -
LIBOR Transition
JUNE 2021 LIBOR Transition AT A GLANCE WHAT IS LIBOR? Following guidance from the Financial Stability Board (FSB), regulatory led public/private working groups Interbank Offered Rates (IBORs), commonly referred were established to identify and promote adoption to as the London Interbank Offered Rate (LIBOR), are of robust alternate risk free rates (ARFRs) that were systemically important interest rate benchmarks, aimed based on substantial underlying transactions to at providing an indication of the average rates at which replace the various LIBOR currency rates. Most RFRs banks can obtain unsecured funding from each other were created as a response to the end of LIBOR; while in various currencies. Various regulatory authorities SONIA, which was historically referenced on overnight have announced their support for a reduced reliance on transactions, was reformed. IBORs, with cessation dates starting at the end of 2021, detailed in Figure 1. LIBOR has often been used in the industry as an interest rate benchmark rate for various LIBOR VERSUS RFR financial products ranging from capital markets to lending products including mortgages. LIBOR RFR In addition to LIBOR cessation, other benchmarks Term Term rate An overnight rate such as EONIA (Euro Overnight Index Average) will be benchmark e.g. (with no existing ceasing publication on 3 January 2022 and there are 3M, 6M, 1Y term structure)1 a number of other benchmarks that reference LIBOR in their calculations, which will be reformed, including View Forward-looking Backward-looking SOR (Singapore Dollar Offer Rate) and THBFIX (Thai Baht Fix). Secured? Unsecured Some based on a secured overnight rate, others WHAT ARE RISK FREE RATES (RFRS)? unsecured RFRs are interest rate benchmarks that seek to Credit Risk Embedded credit Near to risk free, measure the overnight cost of borrowing cash by risk component as there is no bank banks, underpinned by actual transactions. -
LIBOR Transition's Impact on the Derivatives Market
White Paper IBOR Transition’s Impact on the Derivatives Market July 2021 Contents Preparing for a World Without LIBOR ................................................................................. 3 Recent Developments .......................................................................................................... 5 COVID Impact on Fallback Calculation ............................................................................... 6 Impact on LIBOR-based Business Transactions ............................................................... 7 Conclusion .......................................................................................................................... 10 How Evalueserve Can Support Your Transition from LIBOR ......................................... 10 Abbreviations ...................................................................................................................... 11 References ........................................................................................................................... 12 2 IBOR Transition’s Impact on the Derivatives Market evalueserve.com Preparing for a World Without LIBOR The London Inter-bank Offer Rate (LIBOR) is the most important rate globally, referencing nearly USD 370 trillion (as of 2018) equivalent of contracts that cover a myriad of products such as mortgages, bonds, and derivatives. As a result, the transition from LIBOR is accompanied by a high degree of complexity that involves negotiating existing contracts with clients, assessing the -
The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoing
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 10-1-2012 The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoing Rosa M. Abrantes-Metz D. Daniel Sokol University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Antitrust and Trade Regulation Commons, and the Business Organizations Law Commons Recommended Citation Rosa M. Abrantes-Metz & D. Daniel Sokol, The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoings, 3 Harv. Bus. L. Rev. Online 10 (2012), available at http://scholarship.law.ufl.edu/facultypub/ 455 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. THE LESSONS FROM LIBOR FOR DETECTION AND DETERRENCE OF CARTEL WRONGDOING Rosa M. Abrantes-Metz* and D. Daniel Sokol ** In late June 2012, Barclays entered a $453 million settlement with U.K. and U.S. regulators due to its manipulation of the London Interbank Offered Rate (Libor) between 2005 and 2009.1 The Department of Justice (DOJ) Antitrust Division was among the antitrust authorities and regulatory agencies from around the world that investigated Barclays. We hesitate to draw overly broad conclusions until more facts come out in the public domain. What we note at this time, based on public information, is that the Libor conspiracy and manipulation seems not to be the work of a rogue trader. -
Icma Response to Hm Treasury Consultation on Supporting the Wind-Down of Critical Benchmarks1
15 March 2021 ICMA RESPONSE TO HM TREASURY CONSULTATION ON SUPPORTING THE WIND-DOWN OF CRITICAL BENCHMARKS1 Summary of key points 1. It is important to include explicit and clear continuity of contract and safe harbour provisions in primary legislation to reduce market uncertainty and the risk of litigation to the greatest extent possible. 2. Both continuity of contract and safe harbour provisions are needed. Continuity of contract provisions need to provide that legacy contracts referencing panel bank LIBOR should be read as – or “deemed to be” – references to “synthetic LIBOR” as determined by the FCA. A “deeming” provision like this is particularly important in cases where LIBOR is specifically described in legacy contracts by reference to its current features. 3. The continuity of contract provision needs to be accompanied by a safe harbour against the risk of litigation. This should provide that relevant parties would not be able to sue each other as a result of the changes to LIBOR. 4. The continuity of contract and safe harbour provisions need to be drafted as broadly as possible to include not only supervised entities using LIBOR under the UK Benchmarks Regulation (UK BMR), but also non-supervised entities, where the exposure and risk may be greater. 5. The ARRC has already proposed continuity of contract and safe harbour provisions under New York law. The continuity of contract and safe harbour provisions under English law should be designed to align internationally with the ARRC proposal, while being adapted to the provisions of the UK BMR. This is particularly important given the large volume of legacy US dollar LIBOR contracts governed by English law. -
A SCOTTISH CURRENCY? 5 Lessons from the Design Flaws of Pound Sterling 2 | a SCOTTISH CURRENCY? CONTENTS
A SCOTTISH CURRENCY? 5 Lessons from the Design Flaws of Pound Sterling 2 | A SCOTTISH CURRENCY? CONTENTS A Scottish Currency? 3 The design flaws of the pound: 4 1. The amount of money in the economy depends on the confidence of bankers 4 2. Any attempt to reduce household debt can lead to a recession 5 3. The economy can only be stimulated through encouraging further indebtedness 6 4. The proceeds from the creation of money are captured by the banking sector rather than benefiting taxpayers 7 5. Banks cannot be allowed to fail, because if they did, the payments system would collapse 8 Conclusion 9 More information 10 5 LESSONS FROM THE DESIGN FLAWS OF POUND STERLING | 3 A SCOTTISH CURRENCY? In September 2014, Scotland will hold a referendum to decide whether to separate from the UK. A major question concerns which currency an independent Scotland would use: the pound, the euro, or a new Scottish currency? The Scottish government has stated that it will keep the pound sterling following a successful Yes vote for independence1. But an independent Scotland, making up just 8.5% of a pound sterling monetary union, would have no sway over monetary policy set by the Bank of England. Meanwhile the governor of the Bank of England, Mark Carney, and senior government ministers have been vocal about the challenges of an independent Scotland using the pound. For this reason, an independent Scotland may have to abandon the pound and establish its own currency, to regain control over its own monetary policy and economic affairs. -
Black Wednesday’
Salmond currency plan threatens a Scottish ‘Black Wednesday’ Alex Salmond has five plans for the currency of an independent Scotland according to his list in the STV debate on 25th August (and then there is the latent plan F). They were presented as a range of equally attractive options. This makes light of the issue. One of the options – using “a currency like the Danish krone” - means entering the ERM (the Exchange Rate Mechanism) that the UK was so disastrously a part of and which the UK wasted a meaningful portion of its foreign exchange reserves (£48 billion in today’s money) trying to stay within just on 16th September 1992. That was Black Wednesday, when the Bank of England base rate went up to 15%. Notably Alex Salmond omitted to mention the Norwegian krone: Scotland, with high public spending, too little oil&gas left in the North Sea, and an all-in national debt of £131 billion equivalent on a GDP of £146 billion, will need its oil&gas tax revenues to either defend its currency or manage its debt, and will not have enough left over for a Sovereign Wealth Fund. Scotland has the attributes of a lax fiscal policy now: a current deficit of taxes versus spending (called a primary fiscal deficit) of 5% of GDP, with extra spending promised by the SNP that could expand an already high debt as a proportion of GDP. The debt is likely to start out at above 70% in cash, plus another 20% in contingent liabilities like PFI, backing for Bank of Scotland and RBS, and Scotland’s share of the Euro bailout of Ireland and Portugal. -
Minutes of the Meeting of the Working Group on Sterling Risk-Free Reference Rates
Minutes of the Meeting of the Working Group on Sterling Risk-Free Reference Rates Thursday 15 December Barclays’ offices – Canary Wharf Minutes of previous meeting 1 The Minutes of the previous meeting on 26 November had been approved by written procedure prior to the meeting. Approval of secured benchmark design criteria 2 At its previous meeting, the Group had been invited to consider a draft ‘position paper’ outlining its preferred design criteria for a secured RFR, which aimed to encourage and facilitate the development of proposals for secured overnight repo indices that could serve as the RFR. The finalised paper was approved for publication to the Group’s pages on the Bank’s website. Firms’ reflections on OIS transition proposals 3 At the previous meeting, the Group had discussed how, if a secured rate were selected as the RFR, a transition of the SONIA OIS market to the new RFR could be achieved. A ‘big bang’ approach to transition had been proposed. The members of the Working Group were asked to provide their firms’ views as to the feasibility and desirability of the proposal. a) Of those firms who expressed a view, the majority felt that the big bang transition could be feasible since it would enable the simultaneous changeover of multiple contracts and reduce the risk of fragmented liquidity. However, members highlighted some important qualifications, such as the need for: a sufficient and transparent notice period; careful management of operational risks; coordination of implementation across major currencies to improve take-up of any ISDA protocols; negligible forward basis between SONIA and the new secured RFR; and broad end- user acceptance. -
Best Practice Guide for GBP Loans the Working Group on Sterling Risk-Free Reference Rates
Best Practice Guide for GBP Loans The Working Group on Sterling Risk-Free Reference Rates Published in February 2021 – Updated in July 2021 Contents Foreword ............................................................................................................................. 4 Section 1: Executive summary .......................................................................................... 6 Section 2: Bilateral Loans .................................................................................................. 7 2.1 New Loans .............................................................................................................................. 7 2.2 Legacy Loan Transition ......................................................................................................... 8 Section 3: Syndicated Loans ............................................................................................. 9 3.1 New Loans .............................................................................................................................. 9 3.2 Legacy Loan Transition ....................................................................................................... 11 Section 4: Other GBP Loans (e.g. GBP optional currency) ............................................ 13 Appendix 1: Key recommended milestones from the Working Group .......................... 14 Appendix 2: Recommended conventions for loans referencing daily compounded SONIA ............................................................................................................................... -
The Discontinuation of Ibors and Its Impact on Islamic and Uae Transactions
June 14, 2021 THE DISCONTINUATION OF IBORS AND ITS IMPACT ON ISLAMIC AND UAE TRANSACTIONS To Our Clients and Friends: 1. Introduction When calculating interest rates for floating rate loans or other instruments, the interest rate has historically been made up of (i) a margin element, and (ii) an inter-bank offered rate (IBOR) such as the London Inter-Bank Offered Rate (LIBOR) as a proxy for the cost of funds for the lender. As a result of certain issues with IBORs, the loan market is shifting away from legacy IBORs and moving towards alternative benchmark rates that are risk free rates (RFRs) that are based on active, underlying transactions. Regulators and policymakers around the world remain focused on encouraging market participants to no longer rely on the IBORs after certain applicable dates (the Cessation Date) – 31 December 2021 is the Cessation Date for CHF LIBOR, GBP LIBOR, EUR LIBOR, JPY LIBOR and the 1 week and 2 month tenors of USD LIBOR, while 30 June 2023 is the Cessation Date for the remaining tenors of USD LIBOR (overnight, 1, 3, 6 and 12 month tenors). Other IBORs in other jurisdictions may have different cessation dates (e.g. SIBOR) while others may continue (e.g. EIBOR). Market participants should be aware of these forthcoming changes and make appropriate preparations now to avoid uncertainty in their financing agreements or other contracts. 2. What will replace IBORs? Regulators have been urging market participants to replace IBORs with recommended RFRs which tend to be backward-looking overnight reference rates - in contrast to IBORs which are forward-looking with a fixed term element (for example, LIBOR is quoted as an annualised interest rate for fixed periods e.g.