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Financial Derivatives




                   Notes          The word ‘derivatives’ originated in mathematics and refers to a variable that has been derived
                                  from another variable. For example, a measure of distance in kilometres could be derived from
                                  a measure of distance in miles by dividing by 1.61, or similarly a measure of temperature in
                                  Celsius could be derived from a measure of temperature in Fahrenheit. In financial sense, a
                                  derivative is a financial product which had been derived from a market for another product.
                                  The first trade in derivatives was a culmination of legislative and legal efforts which had begun
                                  as early as 1995. In 1995, SEBI appointed a committee for exploring issues in introduction and
                                  creating a regulatory framework for a derivative market.  After the committee report was
                                  tabled, the first action taken was to wet nurse the derivatives market by adopting the entire
                                  regulatory framework of securities. This was done simply by defining securities to include
                                  derivatives and removing certain prohibitions on forward and options trading. Thus, the entire
                                  framework of existing securities Regulations including anti-fraud and various disclosure
                                  obligations have become part of the regulations of derivatives in India. This is in sharp contrast
                                  to the introduction of futures on individual stocks in US. Their introduction took 20 years,
                                  endless bickering between the two regulators Securities Exchange Commission (SEC) and
                                  Commodity Futures Trading Commission (CFTC), a new Act which lays down several
                                  requirements for trading which should rightfully be in the bye-laws of the exchange/board of
                                  trade. By that standard, India managed to leapfrog as far as not just technology but also regulations.
                                  The introduction of new products has seen more of changes in the micro regulations like
                                  margining and default.

                                  1.1 Definitions of Derivatives

                                  The term “Derivative” indicates that it has no independent value, i.e., its value is entirely
                                  derived from the value of the underlying asset. The underlying asset can be securities,
                                  commodities, bullion currency, livestock or anything else. In other words, derivative means
                                  forward, futures, option or other hybrid contract of predetermined fixed duration, linked for the
                                  purpose of contract fulfilment to the value of a specified real or financial asset or to an index of
                                  securities.
                                  The Securities Contracts (Regulation) Act 1956 defines “derivative” as under:
                                  “Derivative” includes:

                                  1.   Security derived from a debt instrument, share, loan whether secured or unsecured, risk
                                       instrument or contract for differences or any other form of security.
                                  2.   A contract which derives its value from the prices, or index of prices of underlying securities.

                                  The above definition conveys that:
                                  1.   The derivatives are financial products.
                                  2.   Derivative is derived from another financial instrument/contract called the underlying.
                                       In the case of Nifty futures, Nifty index is the underlying. A derivative derives its value
                                       from the underlying assets.
                                  3.   Accounting Standard SFAS 133 defines a derivative as, ‘a derivative instrument financial
                                       derivative or other contract with all three of the following characteristics:
                                       (i)  It has (1) one or more underlying, and (2) one or more notional amount or payments
                                            provisions or both. Those terms determine the amount of the settlement or
                                            settlements.
                                       (ii)  It requires no initial net investment or an initial net investment that is smaller than
                                            would be required for other types of contract that would be expected to have a
                                            similar response to changes in market factors



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