Article 9
1.
The rights of a system operator or of a participant to collateral security provided to them in connection with a system or any interoperable system, and the rights of central banks of the Member States or the European Central Bank to collateral security provided to them, shall not be affected by insolvency proceedings against:
(a)
the participant (in the system concerned or in an interoperable system);
(b)
the system operator of an interoperable system which is not a participant;
(c)
a counterparty to central banks of the Member States or the European Central Bank; or
(d)
any third party which provided the collateral security.
Such collateral security may be realised for the satisfaction of those rights.
Where a system operator has provided collateral security to another system operator in connection with an interoperable system, the rights of the providing system operator to that collateral security shall not be affected by insolvency proceedings against the receiving system operator.
2.
Where securities including rights in securities are provided as collateral security to participants, system operators or to central banks of the Member States or the European Central Bank as described in paragraph 1, and their right or that of any nominee, agent or third party acting on their behalf with respect to the securities is legally recorded on a register, account or centralised deposit system located in a Member State, the determination of the rights of such entities as holders of collateral security in relation to those securities shall be governed by the law of that Member State.