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Irish Financial Services Law
Legislation (IE)
Statutory Instruments
2010
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Table of Contents
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European Communities (Financial Collateral Arrangements) Regulations, 2010 [S.I. No. 626 of 2010]
Introductory Text
Part 1 Preliminary provisions (regs. 1-5)
Regulation 1 Citation and commencement.
Regulation 2 Definitions
Regulation 3 Application of these Regulations
Regulation 4 Formal requirements with respect to financial collateral arrangements and provision of financial collateral
Regulation 5 Parts 2, 3 and 4 not to limit certain other State laws
Part 2 Enforcement of financial collateral arrangements (regs. 6-7)
Regulation 6 Right of collateral taker to enforce security financial collateral arrangement.
Regulation 7 Financial collateral arrangement to have effect despite winding-up proceedings or reorganisation measures
Part 3 Security financial collateral arrangements (regs. 8-10)
Regulation 8 Right of collateral taker to use financial collateral if arrangement so provides.
Regulation 9 Use of financial collateral by collateral taker not to render rights of collateral taker invalid or unenforceable.
Regulation 10 Non-compliance with certain obligations can be subject of close-out netting provision.
Part 4 Title transfer financial collateral arrangements (regs. 11-12)
Regulation 11 Recognition of title transfer financial collateral arrangements
Regulation 12 Recognition of close-out netting provisions
Part 5 Disapplication of certain insolvency provisions (regs. 13-17)
Regulation 13 Meaning of "commencement" in relation to winding-up proceedings, etc.
Regulation 14 Financial collateral arrangements and financial collateral not to be invalidated or voided.
Regulation 15 Certain financial collateral arrangements, etc., to be enforceable against third parties.
Regulation 16 Provision of financial collateral not to be invalidated or declared void by certain events.
Regulation 17 How these Regulations relate to general law of insolvency
Part 6 Supplementary provisions (regs. 18-19A)
Regulation 18 Conflict of laws.
Regulation 18A Relationship between these Regulations and Credit Institutions (Stabilisation) Act 2010 and Central Bank and Credit Institutions (Resolution) Act 2011
Regulation 19 Relationship with law giving effect to Consumer Credit Directive
Regulation 19A Relationship with law giving effect to the Bank Recovery and Resolution Directive
Regulation 19B Relationship with law giving effect to CCP Recovery and Resolution Regulation
Part 7 Revocation (reg. 20)
Regulation 20 Revocation of European Communities (Financial Collateral Arrangements) Regulations 2004.
Given under
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European Communities (Financial Collateral Arrangements) Regulations, 2010 [S.I. No. 626 of 2010]
Part 4 Title transfer financial collateral arrangements (regs. 11-12)
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Part 4 Title transfer financial collateral arrangements (regs. 11-12)
Regulation 11 Recognition of title transfer financial collateral arrangements
Regulation 12 Recognition of close-out netting provisions
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