We have mentioned on a few occasions that swaps are subject to credit risk. Indeed, as we have emphasized throughout the blog, all over-the-counter derivatives are subject to credit risk. In this section, we examine some of the issues involved in the credit risk of swaps.
Recall that a swap has zero market value at the start. It starts off as neither an asset nor a liability. Once the swap is engaged and market conditions change, the market value becomes positive for one party and negative for the other. The party holding the positive value swap effectively owns an asset, which represents a claim against the counterparty. This claim is a netting of the amount owed by the counterparty and the amount that the party owes, with the former exceeding the latter. The party holding the positive-value swap thus assumes credit risk. The counterparty could declare bankruptcy, leaving the party holding the positive-value swap with a claim that is subject to the legal process of bankruptcy. In most swap arrangements, netting is legally recognized, so the claim has a value based on the net amount.
The party to which the swap has a negative value is not subject to credit risk. It owes more than is owed to it, so the other party faces the risk.
During the life of the swap, however, the market value to a given party can change from positive to negative or vice versa. Hence, the party not facing credit risk at a given moment is not entirely free of risk, because the swap value could turn positive for it later.
The timing of credit risk is in the form of immediate or current credit risk and deferred or potential credit risk. The former arises when a payment is immediately due and cannot be made by one party. The latter reflects the ever-present possibility that, although a counterparty may currently be able to make payments, it may be unable to make future payments.
Let us work through an example illustrating these points. Consider two parties A and B who are engaged in a swap. At a given payment date, the payment of Party A to Party B is $100,000 and the payment of Party B to Party A is $35,000. As is customarily the case, Party A must pay $65,000 to Party B. Once the payment is made, we shall assume that the market value of the swap is $1,250,000, which is an asset to A and a liability to B.
Suppose Party A is unable to pay and declares bankruptcy. Then Party B does not make any payment to Party A. Party A is bankrupt, but the swap is an asset to A. Given the $65,000 owed by A to B, the claim of A against B is $1,250,000 – $65,000 = $1,185,000. We emphasize in this example that A is the bankrupt party, but the swap is an asset to A, representing its claim against B. If B were holding the positive market value of the swap, it would have a claim of $1,250,000 + $65,000 = $1,3 15,000 on A as A enters into the bankruptcy process.
Let us change the example a little by having A not be bankrupt on the payment date. It makes its payment of $65,000 to B and moves forward. But a few months later, before the next payment, A declares bankruptcy. Its payment is not immediately due, but it has essentially stated that it will not make its next payment or any payments thereafter. To determine the financial implications of the event, the two parties must compute the market value of the swap. Suppose the value is now $1,100,000 and is positive to A. Then A, the bankrupt party, holds a claim against B of $1,100,000. The fact that A is bankrupt does not mean that it cannot have a claim against someone else, just as a bankrupt corporation can be owed money for inventory it has sold but on which it has not yet collected payment.
Of course, A could be bankrupt and B’s claim against A could be the greater. In fact, with A bankrupt, there is a very good possibility that this scenario would be the case. Then, of course, B would simply be another of A’s many creditors.
Exactly what happens to resolve these claims in each of these situations is a complex legal issue and is beyond the scope of our level of treatment. In addition, the bankruptcy laws vary somewhat around the world, so the potential exists for different treatments of the same situation. Most countries do recognize the legality of netting, however, so it would be rare that a party would be able to claim the full amount owed it without netting out the amount it owes.