Brexit: banks take the ‘no’ out of novations

Swaps clauses stop end-users blocking counterparty switch, making it easier to move trades to EU affiliates

City of London guardian
Banks could use obscure legal clauses to help overcome obstacles to transferring trades to EU entities
Infopro Digital montage

As banks prepare for Brexit, some have started including terms in their swaps contracts that would make it easier for them to transfer trades to a new legal entity. But as life gets easier for the banks, it could become harder for their customers, exposing them to increased costs as well as accounting and regulatory headaches.

The clause states that consent for novations is “not to be unreasonably withheld”, and three sources tell Risk.net they have seen it cropping up in swaps documentation in

Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.

To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe

You are currently unable to copy this content. Please contact info@risk.net to find out more.

Sorry, our subscription options are not loading right now

Please try again later. Get in touch with our customer services team if this issue persists.

New to Risk.net? View our subscription options

You need to sign in to use this feature. If you don’t have a Risk.net account, please register for a trial.

Sign in
You are currently on corporate access.

To use this feature you will need an individual account. If you have one already please sign in.

Sign in.

Alternatively you can request an individual account here