Derivatives

Ogier’s Derivatives team spans six international financial centres and includes highly experienced lawyers from the major offshore jurisdictions. Its expertise is drawn from Ogier’s Structured Finance, Banking, Investment Funds and Corporate and Commercial teams, providing clients with a fast and efficient one-stop service.

Ogier's Derivatives team is recognised internationally as a leading offshore practice. It provides, among other things, the International Swaps and Derivatives Association (ISDA) netting and collateral opinions and the GMRA and GMSLA opinions in Guernsey and Jersey.

We service a wide range of clients, including international banks, financial institutions, corporate funds, investment managers, hedge funds, prime brokers and energy companies, advising on all offshore aspects of the over-the-counter and exchange-traded derivatives market and related products. These include currency and interest-rate swaps, collateral credit derivatives, repos, securities and stock lending, equity, credit, energy, weather and commodity derivatives and FX products as well as derivatives-based securities and transactions (including CDOs/CBOs/CLOs/CLNs and tax-driven structures).

Services

Regulatory, enforceability and capacity opinions

Providing regulatory, enforceability and capacity/authority opinions (including enforceability against entities not covered by the industry-standard opinions).

Collateral and netting issues

Advising on collateral and netting issues and recharacterisation issues including in respect of ISDA, GMRA, GMSLA, IFEMA, SIFMA and other industry-standard master agreements.

Set-off, netting and collateral provisions

Advising on the enforceability of set-off, netting and collateral provisions against British Virgin Islands (BVI), Cayman Islands, Guernsey and Jersey counterparties (including following the commencement of insolvency proceedings).

Derivatives-based securities

Advising on derivatives-based securities and transactions in the Banking and Finance, Investment Funds and Corporate and Commercial practices.

Local law requirements

Tailoring clients’ standard/deal specific derivatives documentation to local law requirements (including cash pooling and prime brokerage agreements).

Covering all time zones

With offices in the Caribbean, Channel Islands, Europe and Asia we can provide legal advice in the time zone and language most appropriate for clients.