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Author: Matthias Haentjens
Publisher: Oxford University Press, USA
ISBN: 9780198816935
Category : Law
Languages : en
Pages : 400
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Book 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.
Author: Matthias Haentjens
Publisher: Oxford University Press, USA
ISBN: 9780198816935
Category : Law
Languages : en
Pages : 400
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Book 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.
Author: Manmohan Singh
Publisher:
ISBN:
Category : Credit
Languages : en
Pages : 211
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Book Description
Collateral is one of the building blocks on which the financial markets are constructed. Used for a number of purposes--including trading with central counterparties (CCPs), secured funding with market counterparties and central banks, OTC derivatives margining and settlement--the role of effective collateral management in monetizing assets has never been more important.
Author: Annelise Riles
Publisher: University of Chicago Press
ISBN: 0226719332
Category : Business & Economics
Languages : en
Pages : 310
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Book Description
Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.
Author: Laurie S. Goodman
Publisher: John Wiley & Sons
ISBN: 0470392746
Category : Business & Economics
Languages : en
Pages : 352
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Book Description
Mortgage credit derivatives are a risky business, especially of late. Written by an expert author team of UBS practitioners-Laurie Goodman, Shumin Li, Douglas Lucas, and Thomas Zimmerman-along with Frank Fabozzi of Yale University, Subprime Mortgage Credit Derivatives covers state-of-the-art instruments and strategies for managing a portfolio of mortgage credits in today's volatile climate. Divided into four parts, this book addresses a variety of important topics, including mortgage credit (non-agency, first and second lien), mortgage securitizations (alternate structures and subprime triggers), credit default swaps on mortgage securities (ABX, cash synthetic relationships, CDO credit default swaps), and much more. In addition, the authors outline the origins of the subprime crisis, showing how during the 2004-2006 period, as housing became less affordable, origination standards were stretched-and when home price appreciation then turned to home price depreciation, defaults and delinquencies rose across the board. The recent growth in subprime lending, along with a number of other industry factors, has made the demand for timely knowledge and solutions greater than ever before, and this guide contains the information financial professionals need to succeed in this challenging field.
Author: Heywood W. Fleisig
Publisher: World Bank Publications
ISBN: 082136491X
Category : Law
Languages : en
Pages : 120
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Book Description
Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.
Author: Kjell G. Nyborg
Publisher: Cambridge University Press
ISBN: 1107155843
Category : Business & Economics
Languages : en
Pages : 345
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Book Description
The first book-length study of the importance of collateral frameworks in monetary policy, focusing on the Eurozone and euro crisis.
Author: Mr.Manmohan Singh
Publisher: International Monetary Fund
ISBN: 1475573952
Category : Business & Economics
Languages : en
Pages : 21
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Book Description
Between 1980 and before the recent crisis, the ratio of financial market debt to liquid assets rose exponentially in the U.S. (and in other financial markets), reflecting in part the greater use of securitized assets to collateralize borrowing. The subsequent crisis has reduced the pool of assets considered acceptable as collateral, resulting in a liquidity shortage. When trying to address this, policy makers will need to consider concepts of liquidity besides the traditional metric of excess bank reserves and do more than merely substitute central bank money for collateral that currently remains highly liquid.
Author: Geoffrey Yeowart
Publisher: Edward Elgar Publishing
ISBN: 1782546324
Category : Business & Economics
Languages : en
Pages : 903
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Book Description
As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of ‘bail-in’ • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage • Highlights key issues on regulatory treatment and conflicts of laws • Discusses direction of future law reform • Written by leading experts in the field.
Author: Texas
Publisher:
ISBN:
Category : Local government
Languages : en
Pages : 556
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Book Description
Author: Mr.Manmohan Singh
Publisher: International Monetary Fund
ISBN: 1451982763
Category : Business & Economics
Languages : en
Pages : 17
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Book Description
To mitigate systemic risk, some regulators have advocated the greater use of centralized counterparties (CCPs) to clear Over-The-Counter (OTC) derivatives trades. Regulators should be cognizant that large banks active in the OTC derivatives market do not hold collateral against all the positions in their trading book and the paper proves an estimate of this under-collateralization. Whatever collateral is held by banks is allowed to be rehypothecated (or re-used) to others. Since CCPs would require all positions to have collateral against them, off-loading a significant portion of OTC derivatives transactions to central counterparties (CCPs) would require large increases in posted collateral, possibly requiring large banks to raise more capital. These costs suggest that most large banks will be reluctant to offload their positions to CCPs, and the paper proposes an appropriate capital levy on remaining positions to encourage the transition.
