Derivatives—key considerations

This Overview is a guide to the Banking & Finance content within the Derivatives—key considerations subtopic, with links to appropriate materials.

A derivative is a type of financial instrument that is entered into in connection with an underlying asset, index or reference point that has a variable financial value, for example, a floating rate of interest, a currency exchange rate or commodity price. Derivatives involve the transfer of risk from one party to another. They can be used to limit a party's exposure to a variable or allow a party to gain exposure to that variable.

Some derivatives are entered into between two parties, one of whom is frequently a financial institution such as a bank. This private contractual agreement is referred to as an over-the-counter (OTC) derivative. Settlement of transactions may be conducted directly between the parties.

Traditionally, such derivative transactions have been largely unregulated and have not been required to be reported to a central bank or a financial regulator as a distinct transaction. However, the EU, UK and the US have adopted the European Market Infrastructure Regulation (EU) 648/2012 (EU EMIR), Assimilated Regulation (EU) 648/2012

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Banking & Finance News

High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

View Banking & Finance by content type :

Popular documents