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Posted by Legal Counsel (Tuesday, June 10, 2008)
'LEGAL COUNSEL' // UNDERSTANDING PRIVATE PLACEMENT PROGRAMS (SWIFT MT 760) #1
Welcome back to our weekly series of practical, "hands-on" articles exploring subjects of interest to fellow BradyNet Users.

Our intention is to help Users better understand the meaning and significance of various financial terms, processes and transactions that appear with all-too-frequent regularity on the Forum Board.

Release 73: Understanding Private Placement Programs - The SWIFT MT 760 (Part 1)

The MT 760 was once considered the "gold standard" for participation in high-yield trading opportunities. Those days are probably long gone.

Nowadays, the unwillingness of banks to issue the MT 760, the associated high bank charges, the constant delays, as well as issues surrounding the security of the client's funds - all have prompted most Provider Groups (including our own) to jettison the MT 760 in favour of other more "client-friendly" procedures.

Let's examine the SWIFT MT 760 more closely...

A SWIFT MT 760 is a guarantee issued by the sender bank upon instructions of its account holder in favour of a designated counter-party, normally, though, not necessarily, the trading party. It is, in essence, a bank-responsible guarantee that funds will be available when they are called upon - in other words, a guarantee of payment by the sender bank.

Importantly, the SWIFT is more than just an inter-bank message - it's a full-blown, cash-backed, non-negotiable bank instrument!

Of course, since banks never put their own money at risk, what happens is that the banks typically "block" the client's funds as a pre-condition to the issuance of the SWIFT. The client's funds are then held by the sender bank as security (collateral) for the issued MT 760.

In our business, of course, there is no magic or mystery as to what the Trader intends to do with the MT 760 - he plans to borrow against it: To draw a credit line against the SWIFT in order to undertake the (controlled) buying and selling of bank financial instruments.

Nothing surprising there, except should the Trader - whether due to incompetence or unscrupulous behavior - default on the credit line, the client, himself, would, ultimately, be responsible for repayment.

The lending bank, in short order, would call upon the "blocked funds" to repay the credit line. The sender bank would then seize the client's money to cover the bank obligation - with disastrous consequences for the client: The client's funds would be lost to him forever.

In Part 2, we will examine the various safeguards the client can employ to secure his funds when utilizing an MT 760...

Robert
lawscape@gmail.com

I work with a senior, high-ranking and credentialed Trader in Europe who is one of the largest commitment holders in the world. The Trader was formerly in government service where he held a highly sensitive position in a prominent U.S. federal agency for a number of years. Our trading group has outstanding capabilities, with its own transacting facilities in most of the major banks.

We have also pioneered an innovative, "client-friendly" Managed "Buy-Sell" Program for clients who wish to participate in a controlled, fully managed, "buy-sell" platform. The process is simple and straightforward: Clients needn't transfer their funds. The client's funds are never touched (funds verification only). No SWIFT MT 760's or MT 103's. No joint ventures. No asset management contracts. No powers of attorney. No joint-signature accounts. No 50-50 profit sharing agreements. No surprises.

We also offer business colleagues and friends a monthly "newsletter" setting out information and updates concerning our private placement opportunities. If you wish to receive our newsletter, just send us your email address and tell us a little about yourself - and we would be pleased to add you to our "mailing list".

Copyright 2008 All rights reserved

Replies start here:
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07-03-08  assetsmgr: Wayne's World:

Suggest you read my previous post/s.


07-03-08  Wayne's World: Asset Manager. The bank issues an irrovocable guarantee of payment (a BG). It cannot be withdrawn by the bank - its with bank responsibility.

07-02-08  assetsmgr: Jrogers:

You are both right and wrong.

Read my earlier response below to 'Lucky Luciano'.

MT760 has 2 usage mode...
1) as a BG which in itself has a number of variation and usually with pre-conditions, ... 2) and as a blocking tool.

Both have an unblocking mechanism built-in. Your investment banker will guide you accordingly.


07-01-08  jrogers: Assets Manager below: I beg to differ, but once an MT 760 is issued, it can't be cancelled at the whim of the client. The SWIFT is an irrovable bank-responsible guarantee. Sorry, but it can't be turned on and off like a tap!

06-29-08  assetsmgr: BigApple:

... Difficulties are 3 fold
...1) The owner is NOT the actual signatory to the account ...2) It is a Restricted or Encumbered account, and ...3) The verbiage of the MT760

MaxPlayer:
Unblocking is permitted and is an option make available to investor if and when there is no performance by the trader within an agreed time frame.

Usually, the trading should begins with 10 days of authentication of a MT760, max. 15 banking days.


06-29-08  BigApple: My problem is the difficulty of getting banks to issue MT&760.

06-28-08  MaxPlayer: Can you get the bank to unblock funds once SWIFT issued if Program doesn''t perform. Anyone please answer.

06-26-08  Roma76: Could someone please tell me what is the cost to send a MMT760?

06-25-08  Snoop Doggy: I wasn't being funny...

06-24-08  Treasurer: Funny boys...

06-23-08  Snoop Doggy: Wait - you mean BG doesn't mean Barbie Girl.

I am destroyed!


06-23-08  assetsmgr: Miami Sound:

As for 'What do you mean using it for BG?' ...

While BG is available either in SWIFT or Hard-copy. For cross-border deals, and especially for Private Placement the former applies.


06-23-08  assetsmgr: Miami Sound:

In banking term, BG is the abbreviation for Bank Guarantee.

Not Bar Girl, Battle Group, Bilderberg Group, or for that matter Barbie Girl.


06-23-08  miami sound: Asset manager. What do you mean using it for BG?

06-22-08  assetsmgr: Lucky Luciano:

Nope, I'm not mistaken.

It all depends on who and whom you are dealing with, and the verbiage of the MT760 used.

2 schools of thought on the use of MT760... One as a BG, and the other as a blocking mean.


06-22-08  lucky luciano: Asset Manager - the mt760 maybe your favorite procedure. But I know no investors who do it.

I think you mistaken


06-21-08  assetsmgr: The Jackal:

MT760 is the PREFERRED protocol for this kind of trade. Having said that, the verbiage is of importance.


06-21-08  FoxNews: Thanks. Looking forward to next installments.

06-19-08  Smart Cookie: The MT 760 is still very much used in financial transactions.

06-19-08  The Jackal: I agree there are practical difficulties getting banks to cooprate and clients to use this SWIFT. Does anyone use a MT760 in this business anymore. Don't think so

06-19-08  Wilshire Blvd.: Thanks.

06-18-08  assetsmgr: Wilshire Blvd,

Citibank Singapore is acceptable.

Having said that... beware of fraudulent papers bearing this corporation name coming from Taiwanese syndicates.

If you have any specific issue you are welcome to contact off-board


06-18-08  assetsmgr: WILSHIRE BLVD & MONEY MAGIC,

Both Hong Kong and Singapore are acceptable. Both are regulated and are among the top financial centers of the world.


06-17-08  Wilshire Blvd.: What about Signapore. Anyone. Can bank like CITIBank issue MT760?

06-14-08  Money Magic: What about Hong Kong for an MT 760?

06-14-08  miami sound: Its the People bank, not the Central Bank, and they will approve MT 760, but it is a long,involved process. Best avoyded.

06-12-08  Mass Transit: thanks

06-11-08  Wilshire Blvd.: China Central Bank will not approve use of MT 760 - no matter what bank tells you. Won't happen in mailand China with MT 760

06-10-08  Hilton Towers: You mean 0128 China Funds. And the answer is no.

06-10-08  Mass Transit: Can MT 760 be used in mainland China with 0138 funds? Does anyone know?

06-10-08  IBCUSA: BG: The reason US banks won't send a SWIFT MT-760 on behalf of one of its account holders is, because it is a formal commitment by the bank to engage itself on behalf of a customer. Banks are not in the business of engaging their reputation on behalf of anyone else, other than the bank's own transactions. In order for the bank to be engaged in such commitment it would take a board of director's approval and trust me here; it won't happen.

06-10-08  Burger King: MainSreet; Fees for Swift 760 normally 1/4 -1/2 point. That can vary depending on your relationship ot bank. Most US banks won't issue a MT 760; I don't understand how they can refuse if they are a memeber of SWIFT Network. But there you have it. Frankly, i think its best to avoid the MT 760 if you can.

06-10-08  Main Street: Can someone please tell me in what department handles SWIFT MT 760, And what is the normal bank fees to have yur bank send such a SWIFT?

Thank you, and can you tell me can you sWifT an instruement this way?


06-10-08  IBCUSA: Yes Robert, please tell us how anyone can increase one's wealth by not using one's funds. I have seen (here) offers for high yield investment transactions, where the poster claim (1) no SWIFT required. (2) no movement of funds (3)no risk involved. So far, someone needs to weak up and smell the roses. So, Robert, I am really looking forward to read your next post and tell us how someone can make a ton of profit without engaging in the use of one's funds or MT-760 / MT-710.

06-10-08  Mission Critical: Nice to see you are still around. Thanks for this. Regards Francis.

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