Международные соглашения о неттинге как инструмент снижения кредитного риска по финансовым сделкам кредитных организаций

Банковское право. 2021. № 2. С. 64–71.

Klementiev A.

Netting agreements are widely used by credit institutions as a risk mitigation tool in respect of financial transactions in over-the-counter market. The reduction in capital burden due to the use of netting agreements is recognized by the Basel Committee on Banking Supervision, and is also reflected in the regulations that are currently in force both in the Russian Federation and the European Union. However the EU authorities stipulated basic requirements that a netting agreement must comply with for the purposes of prudential regulation. Unlike European Union, the list of such agreements in Russia is approved by the regulator. For conclusion of cross-border transactions with derivative financial instruments the Central Bank of the Russian Federation approved netting agreements of the International Swaps and Derivatives Association, while for conclusion of repo agreements — the documentation of the International Capital Market Association. In international practice other contractual standards that contain provisions on netting are used. In this regard, for Russian credit organizations it is still possible to use other netting agreements, however, the reduction of credit risk under such agreements will be possible only in case of CBR recognition.

Keywords: кредитные организации, производные финансовые инструменты, неттинг, netting, financial transactions, credit organizations, derivative financial instruments, netting agreements, repo agreements, финансовые сделки, договоры репо