How it works
Most industry netting and collateral opinions assume your counterparty has capacity and authority to enter into derivative transactions. But do they, and what happens if they don’t?
- Covers 60+ jurisdictions
- Covers OTC derivatives transactions under master agreements
- Lists documents to obtain from your counterparty and amendments to documents
- Option to include analysis of ISDA's e-contract opinions
- Annual subscription fee
The service
Industry standard netting and collateral memoranda all assume your counterparty has capacity to enter into derivatives transactions. But how do you know if your counterparty does have capacity? Obtaining this information involves the expensive and time consuming exercise of instructing local counsel (as there are no standard industry memoranda to rely on). You have to negotiate the memoranda, extract the data and then keep it all up-to-date.
How it helps
diligence offers detailed, carefully negotiated memoranda covering key capacity and authority points and other vital pre-trade, pre-insolvency questions such as regulatory consents and approvals, gambling and insurance regulation. A colour-coded pathway through this information is then provided together with the underlying memorandum. Each year we update these memoranda in-line with regulatory best practice. Problem solved!
Product features
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Simplify compliance
Our content is presented in a consistent, colour-coded format which allows you to easily grasp the issues at hand and move forward.
- Colour-coded summaries
- Detailed legal memorandum from leading local counsel
- Compare and version control
- Email alerting service
Jurisdictions covered
Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, England and Wales, Estonia, Finland, France, Germany, Greece, Guernsey, Hungary, Ireland, Isle of Man, Italy, Jersey, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Scotland, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey
Bahrain, Egypt, Israel, Saudi Arabia, South Africa and United Arab Emirates
Argentina, Bahamas, Bermuda, Brazil, British Virgin Islands, Canada, Cayman Islands, Chile, Curacao, Mexico and United States
Australia, China, Hong Kong SAR, India, Indonesia, Japan, Kazakhstan, Malaysia, New Zealand, Philippines, Singapore, South Korea, Taiwan and Thailand
Derivatives product team
Our derivatives products are managed exclusively by a specialist team of senior legal experts, each with over 25 years of experience spanning private practice and in-house roles.
All trained at Magic Circle law firm Allen & Overy, a unique and longstanding team of derivatives opinion experts, providing rare continuity and experience of issues impacting the enforceability of OTC derivatives.
This consistency underpins the quality, practicality, and reliability of our content.
diligence – ISDA e-contracts
diligence has been enhanced to cover the ISDA e-contract opinions. These opinions commissioned by ISDA cover the enforceability of electronically executed and electronically confirmed contracts in a significant number of jurisdictions. Focusing on key legislation permitting the entry into of electronic contracts and the use of electronic signatures, diligence – ISDA e-contracts enables you to see at a glance whether master agreements and transactions thereunder can be entered into electronically and assess the admissibility of electronic records in court proceedings.
