Full Description
This is the first book to analyse and draw together all of the property law and regulatory and contractual issues relevant to financial collateral transactions.
Collateralized finance transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis, and are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up collateralised financing transactions and examines them in their commercial context.
Recognising that financial collateral transactions are often global in nature the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany and Belgium. There is a chapter on the relevant private international law issues including conflicts of laws and forum.
The book opens with an explanation of how financial collateral transactions are construed, including the relevant standard contract forms. The following chapters discuss the major legal issues and practical considerations, as well as a number of specialist concepts such as safe harbours, 'minimum floors' and securities custody. This new work brings together consideration of the European Securities Financing Regulation, the Collateral Directive, and relevant parts of the Bank Recovery and Resolution Directive.
Contents
1: Introduction
2: Financial collateral and how it is held and transferred
3: Collateral transactions and their standardisation
4: Private International Law
5: Formalities and control
6: Security interest and right of use
7: Title transfer and recharacterisation
8: Close-out netting and safe harbours
9: Post-crisis regulatory responses
10: Conclusions
