Method and system for securitizing contracts valued on an index

• US 20050119962A1
• Filed: 12/02/2002
• Published: 06/02/2005
• Est. Priority Date: 07/03/2002
• Status: Abandoned Application

• Current Assignee: New York Mercantile Exchange Incorporated (CME Group Incorporated), Nasdaq OMX Group Incorporated (Nasdaq, Inc.)
• Original Assignee: Nasdaq OMX Group Incorporated (Nasdaq, Inc.)
• Inventors: Bowen, Christopher K., Schwartz, Lanny A., Guttman, Zoltan L., Salomon, David, Yeres, David, Horowitz, Richard, Carden, Donald
• Application Number:
  US10/307,661
• Publication Number:
  US 20050119962A1
• Time in Patent Office: Days
• US Class Current: 705/37
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 40/10 Tax strategies
• CPC Class Codes: G06Q 90/00 Systems or methods specially adapted for administrative, commercial, financial, managerial or supervisory purposes, not involving significant data processing

Abstract

In a method and system for securitizing contracts valued on an index, a special purpose entity (SPE) is provided and holds as substantially all of its assets a derivative contract with a contract dealer. The contract has an initial notional value and is tied to an index related to items traded by a multilateral transactional execution facility, such as futures contracts traded on an exchange. The held contract is also scalable so that the notional value can be increased on demand in exchange for a corresponding payment to the contract dealer and decreased on demand in exchange for a corresponding payment from the contract dealer. The SPE issues exchange tradable securities that derive value based on the value of the contract held by the SPE. To issue additional shares, assets are contributed to the contract dealer who increases the notional value of the contract held by the SPE. The increase in value of the contract supports the issuance of additional shares. Shares are redeemed by terminating some or all of the contract whereby the contract dealer reduces the notional value and provides a termination payment based on the amount of the termination and the value of the index. In one embodiment, investors purchase shares by providing to the contract dealer both a cash payment and a futures contract, the combination having a value corresponding to the value of the shares to be issued, and where the futures contract can then be used by the contract dealer to hedge the forward contract between the contract dealer and the SPE.

Claims

1. A method for securitizing at least one contract valued on an index comprising the steps of:

(a) providing a special purpose entity holding as substantially all of its assets at least one derivative contract of a first type between the special purpose entity and at least one contract dealer, the contract of the first type having an initial notional value and being tied to an index related to items traded by a multilateral transactional execution facility, the contract being structured to permit its notional value to be increased on demand in exchange for a corresponding payment to the contract dealer and decreased on demand in exchange for a corresponding payment from the contract dealer; and

(b) issuing from the special purpose entity exchange tradable securities based on the value of the at least one derivative contract of the first type.

2. The method of claim 1, further comprising the steps of:

receiving at the contract dealer a contribution having a contribution value;

increasing the notional value of the contract by an amount related to the contribution value; and

issuing from the special purpose entity a quantity of exchange tradable securities based on an increased value of the at least one derivative contract of the first type.

3. The method of claim 2, wherein the step of receiving a contribution comprises the step of receiving from a security dealer assets having the contribution value.

4. The method of claim 3, wherein the assets are received at the contract dealer one of directly from the security dealer or indirectly from the security dealer via the special purpose entity.

5. The method of claim 3, wherein the assets received at the contract dealer comprise a cash component and at least one derivative contract of a second type, the derivative contract of the second type being suitable to provide a hedge with respect to the derivative contract of the first type.

6. The method of claim 5, wherein the derivative contract of the second type is a futures contract for a commodity having a value reflected in the index on which the derivative contract of the first type is based.

7. The method of claim 6, wherein the futures contract has a notional value corresponding to the contribution value.

8. The method of claim 7, wherein the cash component is substantially equal to the contribution value and initial margin costs associated with the futures contract are paid by the contract dealer.

9. The method of claim 7, wherein initial margin costs associated with the futures contract are paid by a party other than the contract dealer and the cash component is substantially equal to the contribution value less the initial margin costs.

10. The method of claim 1, wherein the multilateral transaction execution facility is a futures exchange, the index is based on settlement values of items traded on the futures exchange, and the contract of the first type is a forward contract.

11. The method of claim 1, wherein the special purpose entity is a trust that qualifies as a grantor trust and which is established for a predetermined term.

12. The method of claim 1, wherein the securities represent ownership of a specific corresponding stated amount of at least one of the one or more derivative contracts held by the special purpose entity.

13. The method of claim 12, wherein the securities further represent ownership of a proportionate amount of any cash and other assets held by the special purpose entity.

14. The method of claim 2, wherein the contribution comprises at least one of cash and commodities reflected in the index.

15. The method of claim 14, wherein the contribution comprises substantially entirely cash, the method further comprising the step of the contract dealer obtaining a futures contract reflected in the index as a hedge against obligations associated with the contract of the first type and paying margin costs associated with obtaining the futures contract with a portion of the contribution.

16. The method of claim 14, wherein the contribution comprises a cash component and at least one futures contract reflected in the index, wherein initial margin costs for the at least one futures contract have been paid by a party other than the contract dealer and the cash component has a value substantially equal to the contribution value less the initial margin costs.

17. The method of claim 1, wherein the securities are issued in creation units and the securities and creation units are held in street name through a Depository Trust Company in book-entry form.

18. A method for hedging risk associated with issuing index-valued contracts suitable for use as a basis for securitization comprising the steps of:

(a) entering into a first contract with a first entity in exchange for receipt of an initial contribution, the first contract being a derivative contact and having an initial notional value corresponding to the initial contribution and a future value tied to an index related to items traded by a multilateral transactional execution facility, the contract being structured to permit the notional value to be increased on demand in exchange for a corresponding contribution and decreased on demand in exchange for a corresponding termination payment of an amount determined with reference to a current value of the index;

(b) receiving from a second party a subsequent contribution of assets having a contribution value, the assets comprising a cash component and non-cash component comprising a second contract, the second contract being a derivative contract; and

(c) increasing the notional amount of the first contract by an amount related to contribution value;

wherein the second contract acts as a hedge with respect to the first contract.

19. The method of claim 18, wherein the second contract is a futures contract for a commodity having a value reflected in the index on which the derivative contract of the first type is based.

20. The method of claim 19, wherein the futures contract has a notional value corresponding to the contribution value.

21. The method of claim 20, wherein the cash component is substantially equal to the contribution value and initial margin costs associated with the futures contract are paid by the contract dealer.

22. The method of claim 20, wherein initial margin costs associated with the futures contract are paid by the second party and the cash component is substantially equal to the contribution value less the initial margin costs.

23. The method of claim 18, wherein the first party is a special purpose entity and the second party is a securities dealer.

24. The method of claim 18, wherein the multilateral transaction execution facility is a futures exchange, the index is based on settlement values of items traded on the futures exchange, and the first contract is a forward contract.

25. The method of claim 18, wherein the first party holds the first contract as substantially all of its assets, the method further comprising the step of the first party issuing exchange tradable securities based on the first contract.

26. The method of claim 25, wherein the first party is a trust that qualifies as a grantor trust and which is established for a predetermined term.

27. The method of claim 26, wherein the first contract has a term that is the same as the predetermined term.

28. A special purpose entity comprising:

a trust that qualifies as a grantor trust, having a trust agreement, and which is established for a predetermined term;

the trust having assets substantially comprising at least one derivative contract between the trust and at least one party, each respective contract having a notional value, being tied to an index related to items traded by a multilateral transactional execution facility, and being structured to permit the notional value to be increased on demand in exchange for a corresponding contribution to the respective party and decreased on demand in exchange for a corresponding termination payment from the respective party of an amount determined with reference to a current value of the index;

the trust agreement permitting the trust to issue exchange tradable securities on a periodic basis in response to a contribution made to at least one particular party that results in an increase in the notional value of at least one of the at least one derivative contract held as an asset;

the trust agreement permitting the trust to redeem exchange tradable securities on the periodic basic, the redemption being associated with a reduction in the notional value of at least one of the one at least one derivative contract held as an asset and a termination payment from the respective at least one party of an amount determined with reference to a current value of the index and the respective amount of the notional value reduction.

29. The special purpose entity of claim 28, wherein the trust agreement permits the issuance and redemption of securities in creation units.

30. The special purpose entity of claim 28, wherein the periodic basis is daily.

31. The special purpose entity of claim 28, wherein the multilateral transaction execution facility is a futures exchange and the index is based on prices of items traded on the futures exchange, and each of the at least one derivative contract is a forward contract.

32. The special purpose entity of claim 28, wherein other than the respective party and the respective notional value, each of the at least one derivative contract is substantially identical.

33. An exchange tradable security issued by a special purpose entity having assets substantially comprising at least one derivative contract between the special purpose entity and a corresponding party, each respective contract having a notional value, being tied to an index related to items traded by a multilateral transactional execution facility, and being structured to permit the notional value to be increased on demand in exchange for a corresponding contribution to the respective party and decreased on demand in exchange for a corresponding termination payment from the respective party of an amount determined with reference to a current value of the index.

34. The exchange tradable security of claim 33, wherein the special purpose entity is a trust that qualifies as a grantor trust and which is established for a predetermined term.

35. The exchange tradable security of claim 33, wherein the multilateral transaction execution facility is a futures exchange, the index is based on settlement values of items traded on the futures exchange, and the derivative contract is a forward contract based on the index.