Duplicate payment
In order to obtain a quick resolution the counterparty or correspondent should be
informed at the earliest opportunity. This also applies for unknown receipts. It is
recommended that updated contact lists are available.
Investigation cases received before noon should be handled within the same day
and those received after midday within 24 hours.
iii) Communication
In order to ensure the quick resolution of a discrepancy, first contact with the
counterparty should be made by phone, preferably on a recorded line. In the event
that time zone differences make phone contact impractical then authenticated fax,
email or authenticated Swift message is the recommended and preferred method
of communication. Where legally necessary and applicable a letter on company
headed paper can be attached.
39) Mark-to-Market Best Practices
Quoted market prices are the best guide to a fair valuation for principals who
regularly mark-to-market the value of their trading positions.
Procedures should be in place to have independent checking of the mark-tomarket
positions by the market risk function within the firm; this area should be
completely separate from the front office.
When principals look to obtain external data for valuation purposes:
-They should ensure a section of the principal completely separate to the front
office checks the relevant price levels, volatilities and other criteria used in these
calculations.
-Screen services, brokers and other third party providers can all be useful sources
of data.
-When independent prices are not available, a series of checks should be in place
to ensure all prices are measured accurately and regularly.
-The bid-offer spread on screen will often be the most appropriate source of data.
Principals should ensure they understand how they have been constructed and
what they represent. They should consider for example:
a) What size was this trade?
b) Is this two way spread on an illiquid market?
c) Is this the price on the last actual trade?
d) If these prices are not actual trades, how were they calculated?
-Principals should detail what external data they require for specific
transactions/instruments. They should state the appropriate characteristics on
which they want the estimate to be based, such as close-out prices, mid-market,
indicative or firm prices.
If principals rely on a voice broker to provide data, they should satisfy themselves
that, when supplying data, the voice brokers:
-Ensure that the data is correctly calculated and state the conditions under which
estimates were constructed; through putting in place appropriate settlement office
controls.
-Ensure that an appropriate disclaimer of liability is indicated where appropriate, in
addition to the general presumption of the code outlined above.
-Ensure that they provide data to principals consistently and reliably.
-Should, where possible, try to provide the data from their settlement office
function, which is independent to the broker.
-Ensure the required procedures are followed when exchanging data electronically.
Chapter Seven: Disputes, Complaints and Claims
40) Disputes and Mediation
The Committee of the ACI is willing to give advice on professional disagreements subject
to certain conditions.