# US 7,590,588 B2 · Paired basis swap risk and credit mitigation system and collateral minimization system

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- Number: US 7,590,588 B2
- Document ID: US7590588B2
- Status: Granted
- Kind: B2
- Application number: 10/764,126
- Filed: 2004-01-23
- Published: 2005-02-24
- Granted: 2009-09-15
- Earliest claimed: 2003-01-23
- Assignees: Vmac, LLC
- Inventors: J. Scott Perry; Wallace C. Turbeville; Paul Hamilton
- Web page: https://patentgrep.com/patent/US7590588B2

## CPC

- G06Q 40/06: Asset management; Financial planning or analysis
- G06Q 20/102: {Bill distribution or payments}
- G06Q 40/02: Banking, e.g. interest calculation or account maintenance (credit or loans G06Q40/03)
- G06Q 40/04: Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
- G06Q: INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR

## Abstract

A paired basis swap risk and credit mitigation system and collateral minimization system. In swaps used to hedge forward contracts a system authority interposes itself and forms paired basis swaps with each of the paired swap participants and itself together with a Swaption to allow it to maintain a level book in the event of a default by any counterparty. In the event of a default the system authority has the ability to either terminate a swap and pay the non-defaulting counterparty an agreed upon termination payment, terminate the non-defaulting counterparty's swap and exercise the swaption to substitute a correlated swap with appropriate correlated termination payment; or substitute a new counterparty with an identical swap as the paired swap participant. Paired basis swap control through delivery can be enabled to continue the risk and credit mitigation benefits of the system.

## Claims

### Claim 1

A credit risk mitigation system for swap transactions between counterparties, comprising
pairs of the counterparties, interested in forming a swap to hedge a forward contract with each other:
a system counterparty, which forms paired basis swaps with pairs of counterparties interested in forming a swap; the system counterparty making paired, balanced offsetting swaps with the individual members of a pair of counterparties interested in forming a swap and simultaneously creating a swaption with each of the pair of counterparties, the system counterparty including;
a data storage means retaining all of the swaps the system counterparty enters into with each other counterparty;
communication means coupled to the system counterparty allowing the system counterparty to communicate with potential pairs of counterparties interested in forming the swap to receive potential swap contract information and to communicate paired basis swap information to accepted pairs of counterparties and collateral requirements with each accepted swap between the system counterparty and the other counterparty to such swap;
termination means coupled to the system counterparty determining if a counterparty to an accepted swap is in default and if in default selecting an appropriate response.

### Claim 2 (depends on 1)

The credit risk mitigation system of claim 1, wherein the appropriate response is a termination of the swap with a non-defaulting paired swap counterparty with a termination payment to the non-defaulting paired swap counterparty.

### Claim 3 (depends on 1)

The credit risk mitigation system of claim 1, wherein the appropriate response is a re-pairing of the swap with a non-defaulting counterparty with an equal offsetting swap.

### Claim 4 (depends on 1)

The credit risk mitigation system of claim 1, wherein the appropriate response is a re-pairing of the swap with a non-defaulting counterparty with a correlated offsetting swap which is terminated and replaced by an equal offsetting swap and a correlated termination payment to a the non-defaulting counterparty.

### Claim 5 (depends on 1)

The credit risk mitigation system of claim 1 wherein the appropriate response includes the termination of all of the accepted swaps of a counterparty which is in default, thereby creating an unpaired swap for each such terminated swap, the system counterparty also taking an appropriate response as to each non-defaulting counterparty's unpaired swap.

### Claim 6 (depends on 5)

The credit risk mitigation system of claim 5 wherein the appropriate response as to an unpaired swap is re-pairing one non-defaulting counterparty's unpaired swap with another non-defaulting counterparty's equal offsetting unpaired swap to form a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 7 (depends on 6)

The credit risk mitigation system of claim 6 wherein the appropriate response as to an unpaired swap between a non-defaulting counterparty and the system counterparty which the system counterparty is unable to re-pair with another unpaired equal offsetting swap of another non-defaulting counterparty is a re-pairing of one unpaired swap between one non-defaulting counterparty and the central counterparty with a correlated offsetting unpaired swap between the central counterparty and another non-defaulting counterparty which is terminated in favor of an equal offsetting swap and a correlation termination payment to the non-defaulting counterparty to create a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 8 (depends on 7)

The credit risk mitigation system of claim 7 wherein the appropriate response as to an unpaired swap between a non-defaulting counterparty and the system counterparty which the system counterparty is unable to either re-pair with another unpaired equal offsetting swap of another non-defaulting counterparty or re-pair after terminating a correlated offsetting unpaired swap of another non-defaulting counterparty is to terminate the unpaired swap between the non-defaulting counterparty and the system counterparty and make a termination payment to the non-defaulting counterparty.

### Claim 9 (depends on 5)

The credit risk mitigation system of claim 5 wherein the appropriate response as to an unpaired swap is a re-pairing of one unpaired swap between one non-defaulting counterparty and the central counterparty with a correlated offsetting unpaired swap of another non-defaulting counterparty, which correlated offsetting unpaired swap is terminated in favor of an equal offsetting swap and a correlation termination payment to the non-defaulting counterparty to create a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 10 (depends on 5)

The credit risk mitigation system of claim 5 wherein the appropriate response as to an unpaired swap is a termination of the non-defaulting counterparty's unpaired swap and a termination payment to the non-defaulting counterparty.

### Claim 11 (depends on 5)

The credit risk mitigation system of claim 5 wherein the appropriate response to a default by one counterparty to paired swaps with the central counterparty includes choosing one of the following for a swap between the central counterparty with a non-defaulting party: re-pairing the swap with another equal offsetting swap between the central counterparty and another non-defaulting party; re-pairing the swap with another non-defaulting counterparty's equal offsetting swap which is formed by that counterparty's correlated offsetting swap between the central counterparty and another non-defaulting counterparty being terminated and replaced by the equal offsetting swap and a correlation termination payment; terminating the swap in favor of a correlated swap and a correlation payment with the correlated swap re-paired with another non-defaulting counterparty's correlated offsetting swap; and terminating the swap and making a termination payment to the non-defaulting party.

### Claim 12 (depends on 1)

The credit risk mitigation system of claim 1 wherein the appropriate response to a default by one counterparty to paired swaps with the central counterparty includes choosing one of the following for a swap between the central counterparty with a non-defaulting party: re-pairing the swap with another equal offsetting swap between the central counterparty and another non-defaulting party; re-pairing the swap with another non-defaulting counterparty's equal offsetting swap which is formed by that counterparty's correlated offsetting swap between the central counterparty and another non-defaulting counterparty being terminated and replaced by the equal offsetting swap and a correlation termination payment; terminating the swap in favor of a correlated swap and a correlation payment with the correlated swap re-paired with another non-defaulting counterparty's correlated offsetting swap; and terminating the swap and making a termination payment to the non-defaulting party.

### Claim 13 (depends on 12)

The credit risk mitigation system of claim 12 wherein an appropriate response as to each of the non-defaulting counterparties'unpaired swaps is selected by ranking the swaps in a manner which allows a systematic selection of the exercise of swaptions in order to minimize the total cost to the system counterparty after termination of all of a defaulting party's swaps.

### Claim 14 (depends on 13)

The credit risk mitigation system of claim 13 wherein the system counterparty uses the volatility of a price index applicable to each swap to rank the swaps.

### Claim 15 (depends on 1)

The credit risk mitigation system of claim 1 wherein an appropriate response as to each of the non-defaulting counterparties'unpaired swaps is selected by ranking the swaps in a manner which allows a systematic selection of the exercise of swaptions in order to minimize the total cost to the system counterparty after termination of all of a defaulting party's swaps.

### Claim 16 (depends on 15)

The credit risk mitigation system of claim 15 wherein the system counterparty uses the volatility of a price index applicable to each swap to rank the swaps.

### Claim 17 (depends on 1)

The credit risk mitigation system for swap transactions between counterparties of claim 1 wherein the paired swaps are structured to cover payments due on an underlying forward contract between the counterparties to the paired swaps with the central counterparty.

### Claim 18 (depends on 17)

The credit risk mitigation system for swap transactions between counterparties of claim 17 wherein the paired swaps are structured to cover the outstanding notional quantities due on the underlying forward contract between the counterparties to the paired swaps with the central counterparty.

### Claim 19 (depends on 1)

The credit risk mitigation system for swap transactions between counterparties of claim 1 wherein the paired swaps are structured to cover the outstanding notional quantities due on the underlying forward contract between the counterparties to the paired swaps with the central counterparty.

### Claim 20 (depends on 1)

The credit risk mitigation system for swap transactions between counterparties of claim 1 wherein the communication means recalculates the collateral requirements for each accepted swap on a periodic basis.

### Claim 21 (depends on 20)

The credit risk mitigation system for swap transactions between counterparties of claim 20 wherein the collateral requirements are recalculated on a daily basis.

### Claim 22 (depends on 21)

The credit risk mitigation system for swap transactions between counterparties of claim 21 wherein the collateral the central counterparty requires from a counterparty for a paired swap is calculated based on a notional delivery quantity and the required collateral declines according to a notional delivery schedule.

### Claim 23 (depends on 21)

The credit risk mitigation system for swap transactions between counterparties of claim 21 wherein the collateral the central counterparty requires from a counterparty for a paired swap is calculated based on the outstanding notional quantities from the swap.

### Claim 24 (depends on 21)

The credit risk mitigation system for swap transactions between counterparties of claim 21 wherein collateral in excess of the amount the central counterparty requires from a counterparty for each of its accepted swaps provides a measure of the counterparty to enter into additional paired swaps without having to provide additional collateral.

### Claim 25 (depends on 21)

The credit risk mitigation system for swap transactions between counterparties of claim 21 wherein the collateral the central counterparty requires from a counterparty for a paired swap is controlled by the central counterparty.

### Claim 26 (depends on 1)

The credit risk mitigation system for swap transactions between counterparties of claim 1 wherein the collateral requirements for a counterparty's accepted swaps are calculated based on the cost to the central counterparty upon the default of that counterparty.

### Claim 27 (depends on 26)

The credit risk mitigation system for swap transactions between counterparties of claim 26 wherein the central counterparty ranks products in a manner which allows a systematic selection of the exercise of appropriate responses in order to minimize the total cost of appropriate responses in the event of a counterparty's default.

### Claim 28 (depends on 26)

The credit risk mitigation system for swap transactions between counterparties of claim 26 wherein collateral required of a counterparty is set equal to the total cost of the appropriate responses the central counterparty will take in the event of the counterparty's default so that the central counterparty's liability upon a counterparty's default will be equal to the collateral it has from the defaulting counterparty.

### Claim 29 (depends on 28)

The credit risk mitigation system for swap transactions between counterparties of claim 28 wherein the collateral the central counterparty requires from a counterparty is set so as to allow the central counterparty to maintain a flat book in the event of the counterparty's default.

### Claim 30 (depends on 29)

The credit risk mitigation system of claim 29 wherein the appropriate response to a default by one counterparty to paired swaps with the central counterparty includes choosing one of the following for each swap between the central counterparty with a non-defaulting party which had been previously paired with a swap between the central counterparty and the defaulting counterparty: re-pairing the swap with another swap between the central counterparty and another non-defaulting party; re-pairing the swap with another non-defaulting counterparty's matching swap which is formed by that counterparty's correlated swap between the central counterparty and another non-defaulting counterparty being terminated and replaced by the matching swap and a correlation payment; terminating the swap in favor of a correlated swap and a correlation payment with the correlated swap re-paired with another non-defaulting counterparty's matching swap; and terminating the swap and making a termination payment.

### Claim 31 (depends on 1)

The credit risk mitigation system for swap transactions between counterparties of claim 1 wherein collateral in excess of the amount the central counterparty requires from a counterparty for each of its accepted swaps provides a measure of the counterparty to enter into additional paired swaps without having to provide additional collateral.

### Claim 32 (depends on 1)

The credit risk mitigation system for swap transactions between counterparties of claim 1 wherein the termination means further includes a termination of a paired swap between two non-defaulting counterparties upon both non-defaulting counterparties instructing the central counterparty to terminate the paired swap.

### Claim 33

A method of risk mitigation and collateralization of a swap used to hedge a forward contract during delivery, comprising:
qualifying a plurality of eligible counterparties, pairs of which desire to form swaps;
forming offsetting paired basis swaps with a central swap authority for each of the pairs of counterparties utilizing a data storage device coupled to the central swap authority for storing all of the swaps the system counterparty enters into with each other counterparty and a communication device coupled to the central swap authority to communicate the formation of the paired swaps to each of the pairs of counterparties;
evaluating an initial fixed value at risk for each counterparty to the swaps with the central swap authority utilizing a communication device coupled to the data storage device of the central swap authority;
calculating an initial collateral requirement for each counterparty to a swap with the central swap authority based on an agreed upon termination payment;
assuring that required collateral by each counterparty is in the central swap authority's possession each delivery day;
transferring the payment under the forward contract from one counterparty's funds held by the central swap authority to the other counterparty's control for each day's notional delivery under the forward contract;
determining a floating rate index contract price for a day;
updating new collateral requirements based on the difference between the fixed rate contract price and the floating rate index contract price for the previous day;
terminating the paired swap utilizing a termination device coupled to the central swap authority if one of the counterparties defaults in any of its obligations to make payments to the central swap authority.

### Claim 34 (depends on 33)

The method of claim 33, wherein terminating the paired swap includes terminating the defaulting counterparty's swap and taking an appropriate action with the non-defaulting counterparty's swap.

### Claim 35 (depends on 34)

The method of claim 34, wherein taking the appropriate action includes attempting to re-pair one non-defaulting counterparty's unpaired swap with another non-defaulting counterparty's equal offsetting swap to form a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 36 (depends on 34)

The method of claim 34, wherein taking the appropriate action includes attempting to re-pair one unpaired swap between one non-defaulting counterparty and the central counterparty with a correlated offsetting unpaired swap of another non-defaulting counterparty, by terminating the correlated offsetting unpaired swap in favor of an equal offsetting swap and a correlation termination payment to the non-defaulting counterparty thereby creating a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 37 (depends on 34)

The method of claim 34, wherein taking the appropriate action includes terminating the non-defaulting counterparty's unpaired swap and making a termination payment to the non-defaulting counterparty.

### Claim 38 (depends on 34)

The method of claim 34, wherein taking the appropriate action includes taking one of the following actions: re-pairing one non-defaulting counterparty's unpaired swap with another non-defaulting counterparty's equal offsetting swap to form a new pair of swaps between two non-defaulting counterparties and the system counterparty; re-pairing one unpaired swap between one non-defaulting counterparty and the central counterparty with a correlated offsetting unpaired swap of another non-defaulting counterparty, by terminating the correlated offsetting unpaired swap in favor of creating an equal offsetting swap and a correlation termination payment to the non-defaulting counterparty thereby creating a new pair of swaps between two non-defaulting counterparties and the system counterparty; and terminating the non-defaulting counterparty's unpaired swap and making a termination payment to the non-defaulting counterparty.

### Claim 39 (depends on 33)

The method of claim 33, further including terminating all of the paired swaps of the defaulting party and taking appropriate actions with each of the non-defaulting counterparty's swaps which were paired with the defaulting party's swaps.

### Claim 40 (depends on 39)

The method of claim 39, wherein the appropriate actions include re-pairing any unpaired swaps of the non-defaulting parties which are equal offsetting swaps to form new pairs of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 41 (depends on 40)

The method of claim 40, wherein the appropriate actions include includes attempting to re-pair any unpaired swaps of non-defaulting counterparties, which cannot be re-paired with equal offsetting swaps with a correlated offsetting unpaired swap of another non-defaulting counterparty, by terminating the correlated offsetting unpaired swap in favor of creating an equal offsetting swap and a correlation termination payment to the non-defaulting counterparty thereby creating a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 42 (depends on 41)

The method of claim 41, wherein taking the appropriate action includes terminating any non-defaulting counterparties'unpaired swaps and making termination payments to the non-defaulting counterparties which cannot be either re-paired with equal offsetting swaps or re-paired with correlated offsetting unpaired swaps of other non-defaulting counterparties.

### Claim 43 (depends on 33)

The method of claim 33 further including maintaining a balanced book following the termination of all of a defaulting counterparty's swaps by choosing one of the following actions for any non-defaulting counterparties'unpaired swaps: terminating the paired swap and making the termination payment for the terminated paired swap; re-pairing the paired swap together with a correlation payment to the non-defaulting counterparty; and substituting the paired swap, which assures that the central swap authority's positions are maintained in balance.

### Claim 44 (depends on 33)

The method of claim 33 further including using a value at risk model, which may result in a different collateral requirement depending on if the product is held long or short, to calculate the initial collateral.

### Claim 45 (depends on 33)

The method of claim 33 further including structuring of the paired swaps to cover payments due on the underlying forward contract.

### Claim 46 (depends on 45)

The method of claim 45 wherein the structuring of the paired swaps reduces the notional quantity on which the settlements of the paired swaps are calculated, based on each day's notional delivery.

### Claim 47 (depends on 33)

The method of claim 33 further including balancing the obligations of the central swap authority such that the termination payment for each paired swap is capped at an amount collected prior to such termination.

### Claim 48 (depends on 33)

The method of claim 33 including calculating the initial collateral and the updated collateral from each counterparty's paired swaps based on the sum of the termination payments and the correlated termination payments required by the central swap authority to balance the central swap authority's books in the event of a swap counterparty default.

### Claim 49 (depends on 48)

The method of claim 48 including updating the recalculation of the new collateral periodically upon review of new swaps or contracts entered into by a swap counterparty.

### Claim 50 (depends on 33)

The method of claim 33 including netting the collateral requirements of a plurality of contracts based on the potential disposition of that set of contracts if the holder of the plurality of contracts defaults to a central counterparty.

### Claim 51 (depends on 33)

The method of claim 33 wherein two paired swap counterparties may jointly terminate paired swaps without paying termination payments to the central counterparty or causing the central counterparty to find either of the two paired swap counterparties to be in default.

### Claim 52

A method of risk mitigation and collateralization of a swap used to hedge a forward contract, comprising:
qualifying a plurality of eligible counterparties, pairs of which desire to form swaps;
forming offsetting paired basis swaps with a central swap authority for each of the pairs of counterparties utilizing a data storage device coupled to the central swap authority for storing all of the swaps the system counterparty enters into with each other counterparty and a communication device coupled to the central swap authority to communicate the formation of the paired swaps to each of the pairs of counterparties;
evaluating an initial fixed value at risk for each counterparty to the swaps with the central swap authority utilizing a communication device coupled to the data storage device of the central swap authority;
calculating an initial collateral requirement for each counterparty to a swap with the central swap authority based on an agreed upon termination payment;
assuring that required collateral by each counterparty is in the central swap authority's possession each delivery day;
transferring the payment under the forward contract from one counterparty's funds held by the central swap authority to the other counterparty's control for each day's notional delivery under the forward contract;
determining a floating rate index contract price for a day;
updating new collateral requirements based on the difference between the fixed rate contract price and the floating rate index contract price for the previous day;
terminating the paired swap utilizing a termination device coupled to the central swap authority if one of the counterparties defaults in any of its obligations to make payments to the central swap authority and making the agreed upon termination payment to the non-defaulting paired swap counterparty or exercising a swaption with such counterparty.

### Claim 53 (depends on 52)

The method of claim 52, wherein exercising a swaption results in substituting a swap of a non-defaulting counterparty with a correlated swap and making a correlation payment to such non-defaulting party.

### Claim 54 (depends on 53)

The method of claim 53, further including re-pairing the correlated swap with an equal and offsetting un-paired swap to create a new paired swap between two non-defaulting counterparties and the central counterparty.

### Claim 55 (depends on 52)

The method of claim 52, wherein exercising the swaption includes re-pairing any unpaired swaps of the non-defaulting parties which are equal offsetting swaps to form new pairs of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 56 (depends on 52)

The method of claim 52, further including terminating all of the paired swaps of the defaulting party.

### Claim 57 (depends on 52)

The method of claim 52, wherein deciding to either make the termination payment or exercising a swaption is done by selecting an appropriate response.

### Claim 58 (depends on 57)

The method of claim 57, wherein selecting the appropriate response includes re-pairing any unpaired swaps of the non-defaulting parties which are equal offsetting swaps to form new pairs of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 59 (depends on 58)

The method of claim 58, wherein selecting the appropriate response includes attempting to re-pair any unpaired swaps of non-defaulting counterparties, which cannot be re-paired with equal offsetting swaps with a correlated offsetting unpaired swap of another non-defaulting counterparty, by terminating the correlated offsetting unpaired swap in favor of creating an equal offsetting swap and a correlation termination payment to the non-defaulting counterparty thereby creating a new pair of swaps between two non-defaulting counterparties and the system counterparty.

### Claim 60 (depends on 59)

The method of claim 59, wherein selecting the appropriate response includes terminating any non-defaulting counterparties'unpaired swaps and making termination payments to the non-defaulting counterparties which cannot be either re-paired with equal offsetting swaps or re-paired with correlated offsetting unpaired swaps of other non-defaulting counterparties.

### Claim 61 (depends on 52)

The method of claim 52 further including maintaining a balanced book following the termination of all of a defaulting counterparty's swaps by choosing one of the following actions for any non-defaulting counterparties'unpaired swaps: terminating the paired swap and making the termination payment for the terminated paired swap; re-pairing the paired swap together with a correlation payment to the non-defaulting counterparty; and substituting the paired swap, which assures that the central swap authority's positions are maintained in balance.

### Claim 62 (depends on 52)

The method of claim 52 further including using a value at risk model, which may result in a different collateral requirement depending on if the product is held long or short, for calculating the initial and updated collateral requirements.

### Claim 63 (depends on 52)

The method of claim 52 further including structuring of the paired swaps to cover payments due on the underlying forward contract.

### Claim 64 (depends on 63)

The method of claim 63 wherein the structuring of the paired swaps reduces the notional quantity on which the settlements of the paired swaps are calculated, based on each day's notional delivery.

### Claim 65 (depends on 52)

The method of claim 52 further including balancing the obligations of the central swap authority such that the termination payment for each paired swap is capped at an amount collected prior to such termination.

### Claim 66 (depends on 52)

The method of claim 52 including calculating the initial collateral and the updated collateral from each counterparty's paired swaps based on the sum of the termination payments and the correlated termination payments required by the central swap authority to balance the central swap authority's books in the event of a swap counterparty default.

### Claim 67 (depends on 66)

The method of claim 66 including updating the recalculation of the new collateral periodically upon review of new swaps or contracts entered into by a swap counterparty.

### Claim 68 (depends on 52)

The method of claim 52 including netting the collateral requirements of a plurality of contracts based on the potential disposition of that set of contracts if the holder of the plurality of contracts defaults to a central counterparty.

### Claim 69 (depends on 52)

The method of claim 52 wherein two paired swap counterparties may jointly terminate paired swaps without paying termination payments to the central counterparty or causing the central counterparty to find either of the two paired swap counterparties to be in default.