Updated 18/10/2024
In force

Initial Legal Act
Amendments
Search within this legal act

Article 2 - Conditions relating to security arrangements, including securities financing transactions

Article 2

Conditions relating to security arrangements, including securities financing transactions

Security arrangements pursuant to Article 76(2)(a) of Directive 2014/59/EU shall include the following:

(1)

arrangements stipulating guarantees, personal securities and warranties;

(2)

liens and other real securities interests;

(3)

securities lending transactions which do not imply a transfer of full ownership of the collateral and which involve one party (the lender) lending securities to the other party (the borrower) for a fee or interest payment and in which the borrower provides the lender with collateral for the duration of the loan.

Security arrangements shall qualify as security arrangements pursuant to Article 76(2)(a) of Directive 2014/59/EU only if the rights or assets to which the security interest is attached or would attach upon an enforcement event are sufficiently identified or identifiable in accordance with the terms of the arrangement and the applicable national law.