(a) Market-terms requirement. Derivative transactions between a
member bank and its affiliates (other than depository institutions)
are subject to the market-terms requirement of section 223.51.
(b) Policies and procedures. A member bank must establish and maintain policies and procedures
reasonably designed to manage the credit exposure arising from its
derivative transactions with affiliates in a safe and sound manner.
The policies and procedures must at a minimum provide for—
(1) monitoring and controlling the credit
exposure arising at any one time from the member bank’s derivative
transactions with each affiliate and all affiliates in the aggregate
(through, among other things, imposing appropriate credit limits,
mark-to-market requirements, and collateral requirements); and
(2) ensuring that the
member bank’s derivative transactions with affiliates comply with
the market-terms requirement of section 223.51.
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(c) Credit derivatives. A credit derivative
between a member bank and a nonaffiliate in which the member bank
provides credit protection to the nonaffiliate with respect to an
obligation of an affiliate of the member bank is a guarantee by a
member bank on behalf of an affiliate for purposes of this regulation.
Such derivatives would include—
(1) an agreement under which the member
bank, in exchange for a fee, agrees to compensate the nonaffiliate
for any default of the underlying obligation of the affiliate; and
(2) an agreement under
which the member bank, in exchange for payments based on the total
return of the underlying obligation of the affiliate, agrees to pay
the nonaffiliate a spread over funding costs plus any depreciation
in the value of the underlying obligation of the affiliate.
