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Posted by
Legal Counsel (Tuesday, June 10, 2008) 'LEGAL COUNSEL' // UNDERSTANDING PRIVATE PLACEMENT PROGRAMS (SWIFT MT 760) #1 |
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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
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 |
Suggest you read my previous post/s.
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.
... 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.
I am destroyed!
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.
In banking term, BG is the abbreviation for Bank Guarantee.
Not Bar Girl, Battle Group, Bilderberg Group, or for that matter Barbie Girl.
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.
I think you mistaken
MT760 is the PREFERRED protocol for this kind of trade.
Having said that, the verbiage is of importance.
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
Both Hong Kong and Singapore are acceptable. Both are regulated and are among the top financial centers of the world.
Thank you, and can you tell me can you sWifT an instruement this way?
Please read our disclaimer.
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