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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 20 January 1987 - onwards
  Version 2 of 2    

Article 12

1. Sale and repurchase transactions shall mean transactions which involve the transfer by a credit institution or customer (the 'transferor') to another credit institution or customer (the 'transferee') of assets, for example, bills, debts or transferable securities, subject to an agreement that the same assets will subsequently be transferred back to the transferor at a specified price.

2. If the transferee undertakes to return the assets on a date specified or to be specified by the transferor, the transaction in question shall be deemed to be a genuine sale and repurchase transaction.

3. If, however, the transferee is merely entitled to return the assets at the purchase price or for a different amount agreed in advance on a date specified or to be specified, the transaction in question shall be deemed to be a sale with an option to repurchase.

4. In the case of the sale and repurchase transactions referred to in paragraph 2, the assets transferred shall continue to appear in the tra

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