Page 15 of the draft NAMA legislation tells us that the definition of a “credit facility” includes instruments such as “a hedging or derivative facility.” Section 56, starting on page 46, then defines eligible assets for purchase by NAMA as a range of different types of “credit facilities” as well as “any other class of bank asset the acquisition of which, in the opinion of the Minister, is necessary for the purposes of this Act.”
In theory, this allows NAMA to purchase derivatives from the banks. And indeed, it turns out that they are doing so. Click here to find a tender notice issued yesterday for “a Derivatives Valuation Service Provider to provide valuation services (the “Services”) in respect of derivatives positions which will be transferred to NAMA.”
Part of the work of the service provider will be as follows:
Determine derivatives’ valuations based on market-accepted methodologies and market rates. Valuations will incorporate adjustments which will be based on the creditworthiness of the derivatives’ counterparties and which will be specified in guidelines agreed by NAMA with the service provider.