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Credit default swap meaning

What does Credit default swap mean?
A credit default swap (CDS) is a bilateral derivatives contract that transfers the credit risk of a specified borrower (the reference entity) or debt (the reference obligation). The protection buyer pays periodic premiums; if a defined credit event occurs—typically failure to pay, bankruptcy/insolvency or, depending on elections, restructuring—the protection seller must make a payout. In practice, settlement is either: cash (paying the difference between par/face value and the post‑event market value), or physical (the buyer delivers eligible debt and receives par). CDS are commonly used to hedge exposure to corporate bonds or loans (and can reference sovereign or other debt). Economically insurance‑like, a CDS is not insurance in law; it is a derivative documented under the ISDA Master Agreement and the ISDA 2003/2014 Credit Derivatives Definitions, rather than defined in statute or case law. Usage and legal analysis are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Regulatory treatment follows derivatives regimes (UK EMIR/MiFID II in the UK; EU EMIR/MiFID II in Ireland). CDS may feature in financing covenants and risk‑transfer or contingent asset arrangements, subject to counterparty, collateral and netting considerations.
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NEWS
UK, EU and international financial services regulatory highlights: enforcement, sanctions, EMIR, SFDR, Solvency II, digital euro and AI - 6 November 2025

In this issue: UK, EU and international regulators and bodies Accountability, culture and social governance Prudential requirements Risk management and controls Financial crime and sanctions Investigations, enforcement and discipline Regulation of benchmarks Regulation of capital markets Regulation of derivatives Sustainable finance and ESG Banks and mutuals Investment funds and asset management EU MiFID/MiFIR Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems Regulation of AI in FS Daily and weekly news alerts Dates for your diary New and updated content Financial Services Enforcement Database LexTalk®Financial Services: a Lexis®Nexis community UK, EU and international regulators and bodies Commission sets out provisional timetable for 2025 initiativesThe European Commission has outlined a provisional timetable for the legislative proposals it intends to publish in 2025. See: LNB News 05/11/2025 42. FCA issues Handbook Notice No 134The Financial Conduct Authority...

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NEWS
Banking and finance weekly briefing: key cases, regulatory reforms and market developments in lending, security, sustainable finance, capital markets, derivatives, securitisation and restructuring—20 November 2025

In this issue: Lending Security Aviation finance Shipping finance Real estate finance Sustainable finance Debt capital markets Derivatives Structured products and securitisation Restructuring Daily and weekly news alerts New and updated content Latest Q&A Useful information Lending Arena Television Ltd (in liquidation) v Bank of Scotland Plc; Sentinel Broadcast Ltd (in administration) v Lloyds Bank Plc [2025] EWHC 3036 (Comm) The court determined applications for summary judgment and for strike out in two linked actions centred on ‘Quincecare claims’ brought by Arena Television Limited and Arena Holdings Limited (the Arena Proceedings), and by Sentinel Broadcast Ltd (the Sentinel Proceedings), against Bank of Scotland PLC and Lloyds Bank PLC. The causes of action arose out of an alleged large-scale ‘asset backed lending fraud’ (ABL Fraud) said to have been orchestrated by the companies’ directors, involving deceitful representations to lenders regarding non-existent television equipment...

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View the related Practice Notes about Credit default swap

PRACTICE NOTES
UK sovereign credit default swaps under the Short Selling regime: restrictions, FCA powers, notification thresholds and the 2025 reforms [Archived]

ARCHIVED : This Practice Note has been archived and is no longer maintained. STOP PRESS: The Short Selling Regulations 2025 were made and published on 13 January 2025, together with an explanatory memorandum. These regulations replace the assimilated UK Short Selling Regulation and introduce a new legislative framework governing short selling in the UK, defining designated activities and empowering the Financial Conduct Authority (FCA) to set rules for those activities, alongside powers to act in exceptional circumstances. Certain parts commenced on 14 January 2025, with the remainder starting on the date the revocation of the UK Short Selling Regulation takes effect under FSMA 2023. The UK’s new regime removes obligations on investors when entering short positions in sovereign debt or sovereign credit default swaps (CDS) and the linked reporting requirements, while keeping sovereign debt and sovereign CDS within the FCA’s emergency intervention powers on short selling...

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PRACTICE NOTES
Cash-Settled CDS under ISDA: Structure, Credit Event Notices, Valuation and Settlement Mechanics

Step-by-step guide A protection buyer (party A) and a protection seller (party B) execute an ISDA Master Agreement, the accompanying Schedule, and a confirmation document with one another to document a CDS contract. The contract explicitly names a specific reference entity. Within the confirmation, both parties state that, if a credit event occurs for that reference entity, the deal will be cash settled. Party A undertakes to pay party B a fixed fee or premium—this may...

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PRACTICE NOTES
CDS settlement under the 2014 ISDA Definitions: DC auction process, cash valuation, physical delivery, fallbacks, restructuring buckets, asset package delivery and treatment of locked-up debt

What does this Practice Note cover? This Practice Note sets out how the three settlement approaches—auction settlement, cash settlement and physical settlement—work within a credit derivative transaction. It also outlines a fallback settlement mechanism and explains why it might be adopted and the circumstances in which it is used in practice. What are the settlement methods in credit derivative transactions? After a credit derivative transaction has been triggered, the parties will wish to complete settlement so that each receives any sums due to it. The parties may choose which settlement method will govern that transaction from the following options: auction settlement cash settlement, or physical settlement The 2014 ISDA Credit Derivative Definitions (the 2014 Definitions) provide for settlement once the conditions to settlement have been met. For additional detail, see Practice Note: Triggering and settling credit derivatives. Since 2009, auction settlement has become the favoured settlement route, following its insertion (or ‘hard-wired’ adoption) into the 2003 ISDA Credit Derivative...

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