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Financial Collateral

November 2020 saw the publication of the book ‘Financial Collateral; Law and Practice’. This book was published by Oxford University Press, and edited and authored by Professor Matthias Haentjens. Other authors who contributed to the book are Anthony Zacaroli (High Court, Chancery Division), Yael Diamant (Dutch Central Bank), John Siena (Brown Brothers Harriman) and Ross Spence (Leiden University). The book aims to analyse and draw together all important issues of property, regulatory and contractual law relevant to financial collateral transactions.

Prof. Matthias Haentjens (red.)
12 November 2020

Collateral transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis of 2008, and are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up financial collateral transactions and examines them in their commercial context.

Recognising that financial collateral transactions are often global in nature the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany and Belgium. There is a chapter on the relevant private international law issues including conflicts of laws and forum.

This book covers 10 chapters as follows:

  1. Introduction
  2. Financial collateral and how it is held and transferred
  3. Collateral transactions and their standardisation
  4. Private International Law
  5. Formalities and control
  6. Security interest and right of use
  7. Title transfer and recharacterization
  8. Close-out netting and safe harbours
  9. Post-crisis regulatory responses
  10. Conclusions
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