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Credit Default Swap

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Assignment 5
What is a credit default swap (CDS)? How does it work? Do you think it contributed to the 2008 financial crisis? Should it be banned in the market?
Basically, credit default swap is a credit derivative which its function is like insurance contract between two counterparties on one or more companies' loan or bond. One party who buys the protection called "protection buyer" has to pay a periodic premium to another party called "protection seller" until expiry of the contract, in return for protection against a credit event (financial difficulty such as bankruptcy, failure to pay or restructuring) of a known reference entity (company). The protection buyer receives protection in form of the right to sell bonds issued by a particular company for their face value or receives principal amount of loan if the company defaults. An example from the case, Charles Bank International (CBI) wanted to lend $50 million to CapEx Unlimited (CEU) company. However, if the amount was lend to CEU, the bank would have high risk exposure to the company and the risk exceeded CBI's risk guidelines. Thus, CBI bought a CDS on CEU company from First American Bank (FAB), these method would mitigate the extra credit risk for CBI from the new $50 million loan. CBI had to pay a periodic fee to FAB until the CDS expired. In this case, if CEU company defaulted before the contract expired, FAB would pay the principal loan amount.
The settlement in the event of default involves either "physical delivery" or "cash payment". In the physically settlement, CBI would deliver the CEU's loan to FAB. Then FAB would pay CBI the loan amount which in this case was $50 million. In the cash settlement, FAB would pay CBI the difference between the loan amount and the market value of the loan.

Do you think it contributed to the 2008 financial crisis? Should it be banned in the market?
The main purpose of using credit default swap is a very nice. It was used to hedge bond or loan position against credit default. However, the primary use of the CDS was abused since many large fund firms used the CDS for speculative purposes instead of hedging device. They bet against the solvency of firms and make money if those firm default.
Form the case, if investors think the CEU company will likely to default and will not be able to pay back the loan, the investors can speculate by buying CDS on the loan and paying premiums to FAB which was the protection seller at that time. If, on the other hand, investors think that the CEU company was doing well, they could offer insurance to a fellow speculators who have different opinion about the CEU solvency. Then those investors, who sell the CDS, would collect all the premiums and never have to pay off on the insurance. It is pure speculation.
Unlike banks or insurance companies, credit default swap market is less regulated. Credit default swaps are unfunded. The protection sellers do not have to put their capital aside or put small collaterals to cover losses in case defaults happen because they usually being a highly rated entity and have low probability of default. Before the 2008 financial crisis, trillions of CDS on subprime mortgage securities were bought and sold like spider webs. Investors speculated if those subprime mortgage pools, which were over-rated would or would not default. The problem came when real estate price fell dramatically led to substantial defaults on subprime mortgage related securities. Banks and investors began to claimed their payoff from those subprime mortgage products from CDS seller such as AIG which was one of the biggest CDS sellers. As of June 30, 2008, the company has written a net amount of $411 billion notional of CDS on super senior trenches of securitizations. The company realized huge losses from CDS and other subprime mortgage related derivatives. AIG was downgraded and was asked to post more collaterals until it did not have the cash to post the collateral amounts its agreement required. The company could meet its obligations because it was undercapitalized. The company collapse and was bailed out by government. This is just one example of the CDS sellers that suffered from the CDS market. Based on survey data from the Bank for International Settlement, the total notional amount of the credit default swap market was $57 trillion by June 2008. I believe that at that time most of the CDS contracts were related to subprime mortgage securities. Thus, most of the CDS sellers faced the similar situation with AIG. That is why CDS affected the U.S. financial system.
In my opinion, the credit default swap was not the main contribution of the financial crisis. I would say the subprime mortgage loans and those derivatives related to the subprime mortgage were the main contribution of the financial crisis. Moreover, I do think the CDS should be banned in the market. The main purpose of the CDS is to protect banks and investors from credit defaults and provide banks more flexibility to extend their loans. However, the CDS should be more regulated than before especially the issue of capital requirement from the protection sellers if credit defaults occur. Protection buyers need to hold debt instruments such as bonds or bank loans in order to buy CDS.

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[ 1 ]. George Chacko, First American Bank: Credit Default Swaps, July 17, 2012
[ 2 ]. Rene M. Stulz, Credit default swaps and the credit crisis, Journal of economic perspectives.
[ 3 ]. Rene M. Stulz, Credit default swaps and the credit crisis, Journal of economic perspectives.

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