20 Dic What Is A Foreign Exchange Master Agreement
Many participants use clearing methods to reduce risk. There are different methods of clearing. First, payments between counterparties are billed so that, for each value date, there is only one payment in each currency. Second, in the context of liquidation through innovation, a new foreign exchange transaction by parties for settlement purposes on a date of certain value is deducted from all existing foreign exchange receiving or delivery obligations on such a value date; New obligations for the exchange or delivery of the currencies concerned are created by the renewal of contracts. As the payment is made by the parties on each date of value, only one payment per currency. Prior to the adoption of the 1994 Basel Capital Agreement amendments, innovation clearing was the only recognized form of clearing to reduce bank engagement. In the case of exchange options that calculate one option over another, a similar option ends in whole or in part with the original option. The clearing of foreign exchange options is analogous to the clearing process by Novation foreign exchange transactions in the liquidity market. A final method of clearing is the close-out network. In the event of a default, the non-failing party has the right to close all open transactions, convert them into the base currency of the non-failing party, mark them on the market and compensate for the resulting sums, which then become a payment due either to the defaulting party or to the defaulting party. Limited two-way payments are not a common practice in the foreign exchange market.
A second point concerns the treatment of financial intermediaries. A participant in the foreign exchange market should carefully analyze the identity of his counterparty. It is a common law principle that an agent acting on behalf of an undisclosed client participates in the transaction.19 In addition, «[t]he contract is also a party to the contract without another agreed person who purports to enter into a contract with another partially disclosed client.» 20 A participant linked to an intermediary should require the intermediary to identify his client. The participant should check with due diligence the credit quality of the awarding entity and the power of the awarding entity to conduct transactions and delegate that power to the intermediary. The intermediary should immediately proceed with a capital allocation of transactions when the transaction is carried out as a block negotiation. Suppose Bank A is dealing with a hedge fund. The hedge fund is represented by Part X, a representative of the hedge fund.