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UK Financial Services Law
Legislation (UK)
Statutory Instruments
2003
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Table of Contents
Table of Contents
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Financial Collateral Arrangements (No. 2) Regulations 2003 [SI 2003 No. 3226]
Introductory Text
Part 1 General (regs. 1-3)
Regulation 1 Citation and commencement
Regulation 2 Revocation
Regulation 3 Interpretation
Part 2 Modification of law requiring formalities (regs. 4-7)
Regulation 4 Certain legislation requiring formalities not to apply to financial collateral arrangements
Regulation 5 Certain legislation affecting Scottish companies not to apply to financial collateral arrangements
Regulation 6 No additional formalities required for creation of a right in security over book entry securities collateral in Scotland
Regulation 6A Certain legislation affecting overseas companies not to apply to financial collateral arrangements
Regulation 7 Certain legislation affecting Northern Ireland companies and requiring formalities not to apply to financial collateral arrangements
Part 3 Modification of insolvency law (regs. 8-15A)
Regulation 8 Certain legislation restricting enforcement of security not to apply to financial collateral arrangements
Regulation 9 Certain Northern Ireland legislation restricting enforcement of security not to apply to financial collateral arrangements
Regulation 10 Certain insolvency legislation on avoidance of contracts and floating charges not to apply to financial collateral arrangements
Regulation 11 Certain Northern Ireland insolvency legislation on avoidance of contracts and floating charges not to apply to financial collateral arrangements
Regulation 12 Close-out netting provisions to take effect in accordance with their terms
Regulation 13 Financial collateral arrangements to be enforceable where collateral-taker not aware of commencement of winding-up proceedings or reorganisation measures
Regulation 14 Modification of the Insolvency (England and Wales) Rules 2016 and the Insolvency Rules (Northern Ireland) 1991
Regulation 15 Modification of the Insolvency (Scotland)(Receivership and Winding up) Rules 2018 and the Insolvency (Scotland)(Company Voluntary Arrangements and Administration) Rules 2018
Regulation 15A Insolvency proceedings in other jurisdictions
Part 4 Right of use and appropriation (regs. 16-18A)
Regulation 16 Right of use under a security financial collateral arrangement
Regulation 17 Appropriation of financial collateral under a security financial collateral arrangement
Regulation 18 Duty to value collateral and account for any difference in value on appropriation
Regulation 18A Restrictions on enforcement of financial collateral arrangements, etc.
Part 5 Conflict of laws (reg. 19)
Regulation 19 Standard test regarding the applicable law to book entry securities financial collateral arrangements
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Financial Collateral Arrangements (No. 2) Regulations 2003 [SI 2003 No. 3226]
Part 5 Conflict of laws (reg. 19)
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Part 5 Conflict of laws (reg. 19)
Regulation 19 Standard test regarding the applicable law to book entry securities financial collateral arrangements
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