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derivatives resources

(Please note that the materials listed below are not the work of derivativeslawyer.com and are made available to you and shall be used subject to the terms and conditions for use.)

legal products countries miscellaneous
general legal issues credit derivatives Hong Kong Repo and Securities Lending
insolvency commodity derivatives Japan Miscellaneous articles
close-out netting   Canada euroclear
derivatives cases   Australia & NZ  

general legal issues

New developments in clearing and settlement arrangements for OTC derivatives (March 2007).

New House Rules - an interesting view by Christopher Whalen ('Whatever anyone tells you about derivatives, remember that trading complex synthetic securities is not investing but rather a form of high-tech gaming') (2004).

Do We Really Need More Regulation of Financial Derivatives? - by Prof Miller (17 October 1994).

Synthetic Securitisations and Derivatives Transactions by Banks: Selected Regulatory Issues - by Nolan (16 January 2006).

Derivatives Markets: Sources of Vulnerability in the US Financial Markets- by Dodd (15 November 2001).

Law of Derivatives: An International Comparison - by the Companies and Securities Advisory Committee, Australia (January 1995).

Regulation of On-Exchange and OTC Derivatives Markets - by the Companies and Securities Advisory Committee, Australia (June 1997).

Working Paper on National Law Relating to Over-the-Counter Derivatives Transactions and the Public Policy Objectives of Financial Regulation (July 2000).


credit derivatives

Assessing the Usage and Effectiveness of Credit Derivatives - by Pollack (28 April 2003).

Credit Derivatives and Insurance: A World Apart? - by Ross (5 March 2001).


commodity derivatives

De-regulation of Commodity Derivatives in France - by Fried Frank Harris Shrivers & Jacobson (30 September 2003).

The Implications of Enron on the Interplay between the Jurisdictions of the CFTC and FERC - by Pantano et al (9-13 August 2002).

Over-the-Counter Derivates Markets and the Commodity Exchange Act - Report of the President's Working Group on Financial Markets (November 1999).


insolvency articles

Building Effective Insolvency Systems - an article by Prof. Philip Wood (1999).

International Dimensions of Japanese Insolvency Law - an article by Raj Bhala (2001).

Protection for Bilateral Insolvency Set-off and Netting Agreements under EC Law - a report by the European Financial Lawyers Group (October 2004).

BCCI and Barings: Bank Resolutions Complicated by Fraud and Global Corporate Structure- by Herrings.


Close-out Netting

Derivatives and Systemic Risk: Netting, Collateral and Closeoutby Bliss and Kaufman (10 May 2005)

Swaps and Netting: Some Recent Developments - by Anna Morner (1997).



"Development and risk management of derivatives products in China" (14 June 2005) new!


Hong Kong

Unsolicited Electronic Messages Ordinance (May 2007)

Guidelines on Marketing Materials for Listed Structured Products (19 September 2006)



Law and regulations on setting up business in Japan by JETRO

Weakening market and regulatory discipline in Japanese Financial System - by Prof. Mitsuhiro Fukao (24 November 2003)

Issues concerning electricity market and competition policy

Guide to Japanese Government Bonds 2005 by the Japanese Ministry of Finance (10 May 2005)

Notes on Issues on Financial Derivatives Transactions and Illegal Gambling by the Financial Law Board (29 November 1999)

"Impact of the Hague Securities Convention on market practice - a Japanese practitioner's view" by Wani, Mitsui Yasuda & Wani (29 November 1999)


Repo and Securities Lending

Notes on Legal Opinions obtained by ISMA and TBMA (7 April 2004).

Securities Borrowing and Lending Code of Guidance - by the Bank of England (December 2004).

GMRA 1995 and related documentation.

GMRA 2000 and related documentation.

Repo and Securities Lending Product Guide by Barclays Capital.

Securities Lending, Liquidity and Capital Market-Based Finance by Statestreet (December 2001).


miscellaneous articles

A Brief History of Derivatives - an interesting article by Prof Don Chance (January 1995).



Regulation of derivatives market in Quebec.


Australia and New Zealand

proposal to declare certain derivatives contracts to be futures contract under the securities markets act 1988 - a discussion paper.



Operating Procedures of the euroclear system.

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