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The credit default swap is a financial derivative which allows the investor to offset or swap their credit risk with that of other investor. To swap the risk of default, the lender buys a credit default swap from other investors who agree to reimburse them if the borrower defaults. In simple terms, the CDS is a financial swap agreement indicating that the seller of CDs will compensate the buyer if there is any event of debt default or other credit events. It means the seller insures the buyer against any asset default. The Securities and Exchange Board of India undertakes the management of CDS in the securities market. Through an amendment in SEBI (AIF) Regulation 2012, the SEBI has allowed the AIFs to participate in the CDS as a protection buyer and seller. Regulations 16 (1) (aa), 18 (ab) and 20(11) of the Alternative Investment Fund (AIF) regulations further enable the AIFs to participate in CDS in terms of the conditions specified by the SEBI from time to time. The SEBI specifies one such list of conditions on 12th January 2023. The present article will discuss the related conditions discussed under the guidelines.
The conditions applicable to category I, II and III AIFs for buying credit default swaps are:
The conditions applicable to category II and III AIFs for selling credit default swaps are:
The other conditions applicable for transacting credit default swaps are:
However, if the AIF fails to rectify the breach, the custodian must report the details of the breach to the SEBI on the next working day.
The SEBI[1] now allows the AIFs to participate in credit default swaps as protection for buyers and sellers. The Category I, II and III AIFs are allowed to buy or sell an underlying investment in debt securities provided that the selling takes place within the permissible limits. Further, reporting requirements by AIF on CDS transactions make the whole process transparent and easy for SEBI to regulate the CDS market.
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