Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We have to become more agile as our clients' expectations and requirements change. The only thing we know is that tomorrow is going to be different and we must be prepared. With LexisNexis, I feel more confident of that we're ready every time.”

Wolverhampton County Council

Access all documents on Binary credit default swap

Binary credit default swap meaning

What does Binary credit default swap mean?
A credit default swap that pays a pre-agreed fixed cash amount if a specified credit event occurs during the transaction term, and pays nothing if it does not. Unlike a conventional CDS, the payout does not depend on recovery values or market prices of deliverable obligations. In market practice this is a descriptive term, broadly synonymous with a digital default swap, and is typically documented under an ISDA Master Agreement with the ISDA Credit Derivatives Definitions (2003 or 2014) and a confirmation specifying the credit events, observation period and fixed payout. Settlement is usually cash; delivery of obligations is not required. Key features include: binary (all-or-nothing) payoff; triggers tied to defined “Credit Events” (for example, bankruptcy, failure to pay or, if elected, restructuring); and reliance on ISDA Determinations Committee processes where applicable. It is commonly used to hedge jump-to-default risk or to express a view on default probability. There is no statutory or case-law definition in the UK or Ireland. Classification is as an OTC credit derivative under UK MiFID/MiFIR and EMIR (and their Irish/EU equivalents), with reporting, margin and, where relevant, clearing requirements. Usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.