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Repos of Loans NowPossible                   By Angus Duncan and Robe Repos of Loans NowPossible                   By Angus Duncan and Robe

Repos of Loans NowPossible By Angus Duncan and Robe - PDF document

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Uploaded On 2021-08-04

Repos of Loans NowPossible By Angus Duncan and Robe - PPT Presentation

that different interests in a loan are notinterchangeable in the same way as securitiesAccordingly the recharacterisation risk of a repoof loans was considered too high for such a repoto be entered in ID: 856913

collateral repos legal risk repos collateral risk legal financial directive loans securities issues instrument statutory

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1 Repos of Loans - Now Possible
Repos of Loans - Now Possible By Angus Duncan and Robert Cannonof Cadwalader, Wickersham & Taft LLPRepurchase agreements or repos are now thelegal structure most commonly used for theprovision of funding between financialinstitutions. Up to now, legal risk issues havemeant that repos have only been used to providefunding against securities. Now, legal changesthat remove these legal risk issues mean that that different interests in

2 a loan are notinterchangeable in the sa
a loan are notinterchangeable in the same way as securities.Accordingly, the recharacterisation risk of a repoof loans was considered too high for such a repoto be entered into.Effect of Financial Collateral Directive on reposThe 2002 EU Financial Collateral Directive (the“Financial Collateral Directive”),1 implemented 2 Statutory Instrument No. 3226/2003.3 Statutory Instrument No. 2993/2010. 4 EU countries plus Norway, Iceland and Liechtenstein.