A Credit Support Annex (CSA) is a
legal document
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, o ...
that regulates credit support (
collateral) for
derivative transactions. Effectively, a CSA defines the terms under which collateral is posted or transferred between
swap counterparties to mitigate the
credit risk
Credit risk is the chance that a borrower does not repay a loan
In finance, a loan is the tender of money by one party to another with an agreement to pay it back. The recipient, or borrower, incurs a debt and is usually required to pay ...
arising from
in the money
''In the Money'' is a 1958 American comedy film directed by William Beaudine and starring The Bowery Boys. The film was released on February 16, 1958, by Monogram Pictures, Allied Artists Pictures and is the 48th and final film in the series. It ...
derivative positions. It is one of the four parts that make up an
ISDA Master Agreement but is not mandatory; it is possible to have an ISDA agreement without a CSA but normally not a CSA without an ISDA.
If on any Valuation Date, the Delivery Amount equals or exceeds the Pledgor's Minimum Transfer Amount, the Pledgor must transfer Eligible Collateral with a Value at least equal to the Delivery Amount. The Delivery Amount is the amount the Credit Support Amount exceeds the Value of all posted Collateral held by the Secured Party. The Credit Support Amount is the Secured Party's Exposure plus Pledgor's Independent Amounts minus Secured Party's Independent Amounts minus the Pledgor's Threshold. The Collateral must meet the Eligibility criteria in the agreement, which may prescribe which currencies it may be in, what types of bonds are allowed, and which
haircuts
A hairstyle, hairdo, haircut, or coiffure refers to the styling of hair, usually on the human head but sometimes on the face or body. The fashioning of hair can be considered an aspect of personal grooming, fashion, and cosmetics, although ...
are applied.
There are also rules for the settlement of disputes arising over valuation of derivative positions.
To distinguish between the
Schedule to the Master Agreement and the Credit Support Annex, the schedules are numbered as Parts and CSA are numbered as Paragraphs. To customise the requirements of an OTC Transaction, the clauses which are required are added as Paragraph 11 (for London Agreements) and as Paragraph 13 (for New York Agreements).
Under English Law, CSA are considered transactions: Any collateral listed as "Eligible Collateral" is delivered as an outright transfer of title. The collateral taker becomes the outright owner of that collateral free of any third party interest.
Compare the "Outright transfer" offered under English Law Credit Support Annex with "Security Interest" under New York Law Credit Support Annex. Both New York Law Credit Support Annex and an English law Credit Support Annex operate to create security interests in the collateral being posted, the differences are operational and can be material upon an insolvency of the other party.
*English law credit support annex operates by way of outright transfers of title to the posted collateral
*Parties might select New York or English CSA for many operational considerations, also the choice of credit support documentation can materially change the parties’ rights and obligations and their standing upon an insolvency of the other party
Sources
*http://www.isda.org/
*http://www.mayerbrown.com/public_docs/JIBFL_24_1_Parker.pdf
*http://www.ybs.co.uk/your_society/treasury/documents/transaction-documents/ISDA-Credit-Support-Annex.PDF
*http://www.mofo.com/files/Uploads/Images/Credit-Crunch-Related-Issues-Arising-with-Derivatives.pdf
Legal documents
Derivatives (finance) law
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