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Banks Act, 1990 (Act No. 94 of 1990)

Regulations

Regulations relating to Banks' Financial Instrument Trading

Chapter 5 : Counterparty Risk

21. Calculation of counterparty-risk requirement

 

A bank shall calculate, on a daily basis, the risk exposures arising from trading with counterparties in accordance with Table 11, hereunder:

 

Table 11

 

Counterparty risk

Factor

1.

Transactions in unsettled securities and physical commodities (see definition of long and short position):



1.1

Cash held against documented transactions:

 

0-3 days after settlement date

nil

4-6 days after settlement date

50% of price difference

over 6 days after settlement date

100% of price difference


1.2

Settlement on balance of transactions:

Through the central clearing house system, with approved guarantees:


debit items outstanding for more than 6 days since settlement date

full amount

undelivered securities within 6 days of settlement date

100% of price difference


1.3

Free deliveries (see definition of stock position)




1.3.1

Free delivery amount in respect of:


non-payment against securities delivered

amount due

non-receipt of securities against payment due

full market value



Free delivery amount, multiplied by the following percentage:




1.3.2

Guaranteed transactions:


0-6 days since delivery/payment

0 per cent (nil)

after 6 days

100% (full market value)



1.3.3

Other counterparties:


0-3 days after delivery/payments

0 per cent (nil)

after 3 days

100% (full market value)

2.

Options purchased for counterparties:


non-payment of purchase price after 3 days

difference between purchase price and market value of the option

option premium paid to writer of the option

100% of option premium

3.

Exchange-traded, margined transactions (including initial margin and variation margin):


0-3 days since margin shortfall

nil

4 days and more since margin shortfall

100% of shortfall

4.

Repurchase or resale agreements (including lending and borrowing, and sale of buy-back agreements):


qualifying debt instruments

market value less 105% of related funds or collateral

other securities notional value

notional value less 110% of related funds or collateral

5.

Swaps, forward contracts, over-the-counter options, contracts for differences and off-exchange futures, excluding credit-derivative instruments (credit-equivalent amount)


5.1

Interest-rate swaps in a single currency:


under 1 year to maturity

mark-to-market value

 

over 1 year to maturity

mark-to-market value + 0,5% of notional value

5.2

Cross-currency swaps:

under 1 year to maturity

 

mark-to-market value + 1% of notional value

 

over 1 year to maturity

mark-to-market value + 5% of notional value

5.3

Forward rate agreements, over-the-counter futures, options, etc., based on interest rate:

under 1 year to maturity

 

mark-to-market value

 

over 1 year to maturity

mark-to-market value + 0,5% of notional value

5.4

Future rate agreements, over-the-counter futures, options, based on currency-exchange rates, commodity prices or equity prices:


under 14 days to maturity

nil

 

14 days to 1 year to maturity

mark to market value + 1% of notional value

 

over 1 year to maturity

mark to market value + 5% of notional value

The counterparty-risk requirement shall be calculated as follows

 

Multiply the counterparty exposures by:

 

Central governments/South African Reserve Bank

0%

 

Intragroup contracts with group banks

0%

 

Non-central government public-sector bodies

10%

 

Transactions to be settled through a formalised exchange

10%

 

Banks in RSA and OECD countries

20%

 

any other counterparty

100%

The risk-weighted counterparty exposure shall be multiplied by a minimum of 8 per cent, or such a higher percentage as may be determined by the Registrar in consultation with the Governor of the South African Reserve Bank

6.

Credit-derivative instruments (credit-equivalent amount)

 

6.1 Credit-default swaps

 

under 1 year to maturity

mark-to-market value + 6% of notional value

over 1 year to maturity

mark-to-market value + 8% of notional value

6.2 Total-return swaps

 

under 1 year to maturity

mark-to-market value + 6% of notional value

over 1 year to maturity

mark-to-market value + 8% of notional value

The counterparty-risk requirement shall be calculated as follows:

 

Multiply the counterparty exposure by:

 

Central government/South African Reserve Bank

0%

Intragroup contracts with group banks

0%

Non-central government public-sector bodies

10%

Transactions to be settled through a formalised exchange

10%

Banks in RSA and OECD countries

20%

any other counterparty

100%

The risk-weighted counterparty exposure shall be multiplied by a minimum of 8 per cent, or such a higher percentage as may be determined by the Registrar in consultation with the Governor of the South African Reserve Bank

 

7.

Loans to counterparties:


when the loan exceeds the value of securities and is not properly secured

100% of amount by which the loan is not property secured

8.

Subunderwriting agreements:


 

any management or other fees owed and outstanding for more than 30 days

100% of amount due

9.

Other receivables and accrued income not covered elsewhere in this section

100% of amount due

 

[Regulation 21 and Table 11 substituted by regulation 3 of Notice No. R. 1006, GG 22737, dated 5 October 2001]