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Version status: In force | Document consolidation status: Assimilated law updated to reflect all known changes
Version date: 31 December 2020 - onwards
Version 2 of 2

Article 81 Highly liquid instruments with minimal market and credit risk

1. Financial instruments shall be considered highly liquid with minimal credit and market risk where they are debt instruments meeting the following conditions:

(a) they are issued or guaranteed by:

(i) a government;

(ii) a central bank;

(iii) a multilateral development bank as listed under Article 117 of Regulation (EU) No 575/2013 of the European Parliament and of the Council [Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).];

(iv) the European Financial Stability Facility or the European Stability Mechanism;

(b) the CSD can demonstrate to the competent authority that the financial instruments have low credit and market risk based upon an internal assessment by the CSD;

(c) they are denominated in any of the following currencies:

(i) a currency in which transactions are settled in the securities settlement system operated by the CSD;

(ii) any other currency the risks of which the CSD is able to manage.

(d) they are freely transferable and without any regulatory constraint or third party claims that impair liquidation;