
Untangling credit default swaps
3 years ago
When the analysts and experts talk about the current financial crisis, they often refer to “credit default swaps.” So, what exactly is a credit default swap? Marketplace Senior Editor Paddy Hirsch goes to the whiteboard for this explanation. More coverage of the financial crisis at Marketplace.org
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Yes, ISDA holds auctions in certain cases to establish a price for contracts, so that counterparties can settle without an endless squabble. My CDS trader friends tell me these protocols tend to be bespoke, and governed by a variety of factors, including the company's circumstances (bankrupt? in liquidation? merely in default?), and the nature of the deliverable (bonds, loans or other securities). Variables include the way in which the auction is conducted, who is required to participate, who can opt out, methods of settlement, etc.
Usually, however, the auction is administered by a market data service, such as MarkIt or Creditex; anyone can attend the auction, ISDA members or not, and just like a regular auction, their bids set the price.
As I understand it, once the auction is complete, parties that participated in the protocol are bound to accept that auction price - they are then able to escape the web. Those that opted to not participate have to negotiate a settlement individually with their counterparty. But once you're untangled....you're untangled.
A great example is on the ISDA site right now - the Lehman Brothers CDS protocol. Fascinating stuff. Enjoy!
paddy
AIG sold far more CDS than they could effectively guarantee. Their models didn't allow for so many defaults or such a large decline in the value of underlying bonds. Their bad models allowed them to report unrealistically high profits in the good times, but wiped them out when things went bad. Of course the execs. already pocketed their bonuses from the good times and aren't giving them back now.
On the other side, you have firms buying their insurance on their bonds and not accounting for the risk of their counterparties failing. Again we have a derivative tool serves to boost profits on both sides of the trade, until it comes crashing down.
If I can cancel an insurance policy whose premium has been paid through the remainder of the year, receiving a refund for the prorated price of the premium left in the year, then why can't CDS's purchasers receive a similar refund from the CDS sellers for that contract. If the world's governments mandated a liquidation of all CDSs in this way, if only on a temporary basis, the problem would shrink from a >50 trillion dollar problem to a
It seems SO implausible that a CDO holder could AFFORD the COST of a CDS.
Would you please describe to what degree the ongoing premium COST of a CDS blunts the profitablity of buying and holding a typical (haha) CDO? thanks
HOWEVER.............legally, and this is where the real problem came in as I understand it, is that if you called it insurance, (as Paddy does) it would have fallen legally under close regulation by the each state, as the insurance industry is heavily regulated, transparent and held accountable for the correct capitalization of their coverages and potential losses.
Somewhere, somehow, these CDS were de-regulated or something, and while they functioned just like an 'insurance policy', they were allowed to fly under the regulatory radar of the word insurance, because legally they were called CDS and not insurance policies.
This is where the real shenanigans began...........Banks obtained CDS's and legally not insurance and were therefore no longer regulated and could give out loans without any scrutiny as they would have had to do were it still legally called insurance instead of CDS.
Paddy.................what took place legally and at the legislative branch that allowed banks to no longer have call their loans insurance and therefore avoid regulatory scrutiny?
It seem to me that somthing changed in the consternation process that allowed all of this to happen.
CDS became a funny wordplay game, that legally and technically made the word 'insurance' a moot point, because all of the sudden, banks could obtain CDS instead of having to get insurance for their bad loans.
For your next video tutoring session, why not explain the differences between CDS and the word insurance from a legal standpoint and how that allowed this mess to occur and when and where that legislation was introduced that Banks could now take advantage of and not face regulatory scrutiny as they had had to when taking out insurance on home loans.
Kudos to you
Paddy Hirsch is a golden god!!
Marketplace rules!!!
I am curious why this principle doesn't apply to credit default swaps or does it? Is it possible that Court's will void this contracts as contrary to public policy?
As I recall, the policy against issuing insurance policies to someone who does not have an insurable interests is, in part, that the law views them as "gambling" contracts that are against public policy. It seems to me that that is exactly what these credit default swaps are.