Norms for AIFs to enter into Credit Default Swaps

Brief Overview:

Alternative Investment Funds (“AIFs”) are now permitted to enter into Credit Default Swaps (“CDS”) transactions by their regulator, The Securities and Exchange Board of India.

Technical Details:

1)   Permissibility:

*     
underlying investment in debt securities + only for purposes of hedging

**   for purposes of hedging or otherwise within allowed leverage

*** by earmarking unencumbered Government Bonds/Treasury Bills equivalent to CDS exposure

2)   Reporting: To be done to the custodian by the next working day.

3)   Prior intimation to the unitholders: Any unhedged position, which shall result in gross unhedged positions across all CDS transactions exceeding 25% of investable funds of the scheme of an AIF to be taken only after intimating to all unit holders of the scheme.

4)  Compliance: With the Master Direction – Reserve Bank of India (Credit Derivatives) Directions, 2022, dated 10th February 2022 and other circulars notified in this aspect.

For further details, please see:

https://www.sebi.gov.in/legal/circulars/jan-2023/participation-of-aifs-in-credit-default-swaps_67264.html

For any queries / clarifications, please feel free to ping us and we will be happy to chat:

Ms. Smrithi Nair (smrithi.nair@jclex.com)

Ms. Mahak Saboo (mahak.saboo@jclex.com)

Similar Articles

Subscribe to our Newsletter

Explore

DISCLAIMER

The Bar Council of India prohibits advocates from soliciting work or advertising. By clicking ‘AGREE’ below, the user acknowledges that no solicitation has been made, and this website serves as a resource for general information about Juris Corp at the user’s own risk. The information provided here neither constitutes legal advice nor creates a lawyer-client relationship. The links provided are not endorsements by Juris Corp, and Juris Corp is not responsible for any linked content. Users are advised to seek independent legal advice for any legal issues.