FRM Part II · FRM Exam Part II · Netting, Close-out and Related Aspects
A risk manager reviews a counterparty whose netting agreement is governed by a jurisdiction where no legal opinion confirms enforceability of close-out netting in insolvency. How should exposure be treated for risk measurement purposes under prudent practice?
Exposure should be measured gross, summing positive-value trades, because netting benefits are only recognised where close-out netting is legally enforceable in insolvency, normally confirmed by a legal opinion. A signed agreement alone does not protect the bank against cherry-picking by a liquidator.
- AMeasure exposure on a gross basis, summing positive-value trades, for that counterpartyCorrect
- BApply netting anyway since the contract is signed by both parties
- CNet only trades of the same product type
- DTreat exposure as zero until the counterparty defaults
Explanation
Netting benefit depends on legal enforceability in insolvency, usually supported by a legal opinion. Without it, the liquidator may cherry-pick, so exposure should be computed without netting recognition. A signed contract alone does not guarantee enforceability.
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