Derivatives law

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Derivatives law is the area of law governing derivatives. It is associated with principles of contract law, and practitioners must also have a good understanding of insolvency, netting and set-off, and conflict of laws.

Derivative (finance) financial instrument whose value is based on one or more underlying assets

In finance, a derivative is a contract that derives its value from the performance of an underlying entity. This underlying entity can be an asset, index, or interest rate, and is often simply called the "underlying." Derivatives can be used for a number of purposes, including insuring against price movements (hedging), increasing exposure to price movements for speculation or getting access to otherwise hard-to-trade assets or markets. Some of the more common derivatives include forwards, futures, options, swaps, and variations of these such as synthetic collateralized debt obligations and credit default swaps. Most derivatives are traded over-the-counter (off-exchange) or on an exchange such as the New York Stock Exchange, while most insurance contracts have developed into a separate industry. In the United States, after the financial crisis of 2007–2009, there has been increased pressure to move derivatives to trade on exchanges. Derivatives are one of the three main categories of financial instruments, the other two being stocks and debt. The oldest example of a derivative in history, attested to by Aristotle, is thought to be a contract transaction of olives, entered into by ancient Greek philosopher Thales, who made a profit in the exchange. Bucket shops, outlawed a century ago, are a more recent historical example.

Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

Conflict of laws concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them. Conflict of laws especially affects private international law, but may also affect domestic legal disputes e.g. determination of which state law applies in the United States, or where a contract makes incompatible reference to more than one legal framework.

Over-the-counter derivatives are documented under master agreements, the most common of which is the International Swaps and Derivatives Association (ISDA) Master Agreement.

The International Swaps and Derivatives Association is a trade organization of participants in the market for over-the-counter derivatives. It is headquartered in New York City, and has created a standardized contract to enter into derivatives transactions. In addition to legal and policy activities, ISDA manages FpML, an XML message standard for the OTC Derivatives industry. ISDA has more than 820 members in 57 countries; its membership consists of derivatives dealers, service providers and end users.


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In the copyright law of the United States, a work made for hire is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term, so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work. According to copyright law in the United States and certain other copyright jurisdictions, if a work is "made for hire", the employer—not the employee—is considered the legal author. In some countries, this is known as corporate authorship. The entity serving as an employer may be a corporation or other legal entity, an organization, or an individual.

Stockbroker professional  who buys and sells shares and other securities for both retail and institutional clients

A stockbroker, share broker, registered representative, trading representative, or more broadly, an investment broker, investment adviser, financial adviser, wealth manager, or investment professional is a regulated broker, broker-dealer, or Registered Investment Adviser who may provide financial advisory and investment management services and execute transactions such as the purchase or sale of stocks and other investments to financial market participants in return for a commission, markup, or fee, which could be based on a flat rate, percentage of assets, or hourly rate. Examples of professional designations held by individuals in this field, which affects the types of investments they are permitted to sell and the services they provide include Chartered Financial Consultants, Certified Financial Planners or Chartered Financial Analysts, Chartered Strategic Wealth Professionals, Chartered Financial Planners, and Master of Business Administration. The Financial Industry Regulatory Authority (FINRA) provides an online tool designed to help understand professional designations in the United States.

In finance, a credit derivative refers to any one of "various instruments and techniques designed to separate and then transfer the credit risk" or the risk of an event of default of a corporate or sovereign borrower, transferring it to an entity other than the lender or debtholder.

Over-the-counter (finance) trading done directly between two parties

Over-the-counter (OTC) or off-exchange trading is done directly between two parties, without the supervision of an exchange. It is contrasted with exchange trading, which occurs via exchanges. A stock exchange has the benefit of facilitating liquidity, providing transparency, and maintaining the current market price. In an OTC trade, the price is not necessarily published for the public.

Novation legal concept of substituting a new contract in place of an old one

Novation, in contract law and business law, is the act of:

  1. replacing an obligation to perform with another obligation; or
  2. adding an obligation to perform; or
  3. replacing a party to an agreement with a new party..
ICESI University

Icesi University is a private university located in Cali, Colombia. The campus is located in the area of Pance, south of the city. Founded in 1979 by a group of businessmen in the region. Icesi University with a campus of 141,334 square meters, offers undergraduate programs, specializations, masters and doctorates.

In law, set-off or netting are legal techniques applied between persons with mutual rights and liabilities, replacing gross positions with net positions. It permits the rights to be used to discharge the liabilities where cross claims exist between a plaintiff and a respondent. The result being that the gross claims of mutual debt produces a single, net claim. The net claim is known as a net position. In other words, a set-off is the right of a debtor to balance mutual debts with a creditor. In bookkeeping terms, set-offs are also known as reconciliations. To determine a set-off, simply subtract the smaller debt from the larger.

In law, dépeçage is a conflict of laws where different issues within a case may be governed by the laws of different states. In common law countries dépeçage usually means a single contract which provides that different parts of the contract shall be governed by different laws. In the United States, "depecage choice of law theory" is where the court considers disagreement among states over which rule of law is applicable to each issue.

A Credit Support Annex, or CSA, is a legal document which regulates credit support (collateral) for derivative transactions. 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.

Masters Rugby League

Masters Rugby League is a derivative of rugby league for a wide age range of older, semi-retired and non-competitive players and officials. Masters Rugby League started in Brisbane Australia and New Zealand in 1992 and has since grown in popularity, spreading to Australia and more recently to the United Kingdom.

In copyright law, a derivative work is an expressive creation that includes major copyright-protected elements of an original, previously created first work. The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.

This collection of lists of law topics collects the names of topics related to law. Everything related to law, even quite remotely, should be included on the alphabetical list, and on the appropriate topic lists. All links on topical lists should also appear in the main alphabetical listing. The process of creating lists is ongoing – these lists are neither complete nor up-to-date – if you see an article that should be listed but is not, please update the lists accordingly. You may also want to include Wikiproject Law talk page banners on the relevant pages.

The ISDA Master Agreement is the most commonly used master service agreement for OTC derivatives transactions internationally. It is part of a framework of documents, designed to enable OTC derivatives to be documented fully and flexibly. The framework consists of a master agreement, a schedule, confirmations, definition booklets, and credit support documentation. The ISDA master agreement is published by the International Swaps and Derivatives Association.

Financial law

Financial law is the law and regulation of the insurance, derivatives, commercial banking, capital markets and investment management sectors. Understanding Financial law is crucial to appreciating the creation and formation of banking and financial regulation, as well as the legal framework for finance generally. Financial law forms a substantial portion of commercial law, and notably a substantial proportion of the global economy, and legal billables are dependent on sound and clear legal policy pertaining to financial transactions. Understanding the legal implications of transactions and structures such as an indemnity, or overdraft is crucial to appreciating their effect in financial transactions. This is the core of Financial law. Thus, Financial law draws a narrower distinction than commercial or corporate law by focusing primarily on financial transactions, the financial market, and its participants; for example, the sale of goods may be part of commercial law but is not financial law. Financial law may be understood as being formed of three overarching methods, or pillars of law formation and categorised into five transaction silos which form the various financial positions prevalent in finance.

A master transaction agreement is a contract reached between two parties in a financial transaction in which the parties agree to most of the terms that will govern future transactions. Many master transaction agreements are standardized and most are bilateral.

<i>Lomas v JFB Firth Rixson Inc</i>

Lomas v JFB Firth Rixson Inc [2012] EWCA Civ 419 is the name of a series of co-joined appeals heard by the English Court of Appeal in relation to the efficacy of certain provisions under the standard form ISDA Master Agreement. Four appeals were consolidated into a single hearing, and in a comprehensive joint judgment delivered by Lord Justice Longmore the Court attempted to provide definitive resolutions to various issues of interpretation which had given rise to conflicting judgments at first instance. One academic commentator has referred to the case as a "comprehensive judgment [which] masterfully resolved a number of conflicting strands of jurisprudence".

Credit Suisse International v Stichting Vestia Groep

Credit Suisse International v Stichting Vestia Groep [2014] EWHC 3103 (Comm) was a decision of the High Court of Justice relating to the doctrine of ultra vires and the effect of contractual representations made under an ISDA Master Agreement on the doctrine.

Sharia and securities trading Muslim view on trading

The Islamic banking and finance movement that developed in the late 20th century as part of the revival of Islamic identity, sought to create an alternative to conventional banking that complied with sharia (Islamic) law. Following sharia it banned from its practices riba, (usury) — which it defined as any interest paid on all loans of money — and involvement in haram (forbidden) goods or services such as pork or alcohol. In addition, it also forbid gambling (maisir) and excessive risk.