Global Law Experts Logo

Find a Global Law Expert

Specialism
Country
Practice Area

Awards

Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

Listing in Hong Kong of a World Bank Catastrophe Bond

posted 7 months ago

By: Rossana Chu:  

Hong Kong has taken another step in developing the city as a leading international risk management center. On 28 March 2023, a US$350 million World Bank catastrophe bond was listed on the Hong Kong Stock Exchange[1]. This is the first World Bank bond and the first catastrophe bond ever listed in Hong Kong. This catastrophe bond is also supported by the Hong Kong Insurance Authority which administers a grant scheme established in 2021 to encourage the development of the insurance-linked securities market in Hong Kong[2].

The issuer is International Bank for Reconstruction and Development (IBRD) which is part of the World Bank Group, and the bond was issued in form of floating rate notes (Notes). The Notes issue is a risk coverage transaction for Chile to manage the country’s earthquake risks. On the date the Notes, the Republic of Chile and IBRD entered into an insurance agreement, under which IBRD will make payouts to Chile upon occurrence of an earthquake that fulfills certain conditions, and Chile will pay insurance premium which is linked with the interest payable under the Notes. The insurance arrangement allows Chile to mitigate the potentially disruptive economic effect of earthquakes (including resulting tsunamis) affecting Chile on its budget and to reduce any need for increases of debt or for transitory tax increases to address those economic effects. IBRD issued the Notes to support its obligation to make payouts to Chile under the insurance agreement upon occurrence of an earthquake.

Accordingly, one unusual feature of the Notes is that the outstanding principal amount may be reduced by the payout amounts if an earthquake occurs in Chile. The noteholders may lose all or a portion of the Notes principal.

The Notes were offered and sold only to professional investors including qualified institutional buyers as defined in Rule 144A under the United States Securities Act of 1933 and those professional investors who meet the requirement under the Insurance (Special Purpose Business) Rules (Cap. 41P of the Laws of Hong Kong). That essentially means that the Notes were not sold to the public or retail investors in Hong Kong due to the peculiar and risky nature of the Notes.

The interest of the Notes is payable on a monthly basis and the interest rate is linked to:

  • index values published by the administrator of the secured overnight financing rate (SOFR) which currently is the Federal Reserve Bank of New York,
  • the funding margin which is of 0.04% per annum, and
  • the applicable risk margin which is generally 4.75% per annum.

The Alternative Reference Rates Committee convened by the Board of Governors of the Federal Reserve System and the Federal Reserve Bank of New York identified on 22 June 2017 the SOFR as the rate that represented best practice for use in certain new US dollar derivatives and other financial contracts. The SOFR is also a broad measure of the cost of borrowing cash overnight collateralised by US treasury securities. 

The maturity date of the Notes is 31 March 2026 but may be extended to 30 June 2026 under certain circumstances. On the other hand, the Notes may be redeemed by IBRD in some situations such as if insurance agreement entered with Chile is terminated.

A payout is to be made to Chile if the earthquake fulfills three types of conditions, namely,

  • earthquake location condition
  • depth condition 
  • magnitude condition

The payout rate depends on the magnitude measured in terms of the total seismic energy radiated from the earthquake rupture.

Mr. Jorge Familiar, Vice President and Treasurer of the World Bank, said that the World Bank is pleased to support the Government of Chile in their efforts to leverage capital markets to secure financial protection in case of earthquakes… READ FULL ARTICLE

Note: This material has been prepared for general information purposes only and is not intended to be relied upon as professional advice for any cases. Should you need further information or legal advice, please contact us.

________________________________________________________________

[1] https://www1.hkexnews.hk/listedco/listconews/sehk/2023/0328/2023032800239.pdf and https://www1.hkexnews.hk/listedco/listconews/sehk/2023/0327/2023032700232.pdf

[2] https://www.worldbank.org/en/news/press-release/2023/03/28/world-bank-and-hong-kong-partner-on-a-350-million-cat-bond-for-chile

Author

Find the right Legal Expert for your business

The premier guide to leading legal professionals throughout the world

Specialism
Country
Practice Area
0
LAWYERS RECOGNIZED
0 m+
EVALUATIONS OF LAWYERS BY THEIR PEERS
0
PRACTICE AREAS
0
COUNTRIES AROUND THE WORLD

Join

0
who are already getting the benefits

Sign up for the latest legal briefings and news within Global Law Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at any time.

About Us

Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.

Contact Us

Stay Informed

GLE