-233- payment and closeout netting contract becomes bankrupt or insolvent, payment and closeout netting reduces credit exposure of the nondefaulting party to the bankrupt counterparty. FNBC had a program that took netting into account but apparently chose not to use it. FNBC’s failure to take netting into account in determining its credit adjustments overestimated the credit adjustments and did not reflect the true value of its swaps. In fact, FNBC acknowledged as much in its annual statements when it reported that the credit exposure amount was overstated because FNBC ignored the effects of netting and other credit enhancements. 7. Static or Dynamic Procedure FNBC ascertained its credit adjustments using a static procedure. Petitioner argues that FNBC’s static procedure was reasonable and consistent with industry practices and did not overstate the credit adjustments compared to a dynamic model. Petitioner asserts that the G-30 report endorsed the use of straight-line amortization of a credit adjustment over the life of the related transaction as the most common approach in the industry. We believe that a static procedure such as that used by FNBC is contrary to the requirement of section 475 that a swap be marked to market at each yearend. FNBC’s static procedure failed to reflect (1) the changing market value of credit risk,Page: Previous 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 Next
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