Argument (#11-12 November-December 2020)

Legal, Documentation and Insolvency Issues of OTC Derivatives

by Dmytro Pshenychniuk, Viktoriia Luganska

The development of a robust local financial market is one of the priorities for Ukraine as this would pave the way for the rapid growth of the national economy, providing borrowers with an alternative funding source in addition to bank lending.

This article discusses main features of over-the-counter (OTC) derivative documentation and certain legal issues raised by the Law of Ukraine On Capital Markets and Organised Commodity Markets, which will come into force from 1 July 2021, except for specific close-out netting provisions which came into effect from 16 August 2020.

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