Lex situs: Difference between revisions
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{{anat| | {{anat|security}}{{tag|Latin}} for “''the law of the place''”. Relevant when contemplating the [[magic incantation|deep magic]] of taking {{tag|security}} over assets in far-off places. | ||
In a nutshell, international conventions of [[security]] law say that it is best to have [[security interest|security interests]] governed by the “[[lex situs]]” – the prevailing domestic law where the secured assets are physically located. | In a nutshell, international conventions of [[security]] law say that it is best to have [[security interest|security interests]] governed by the “[[lex situs]]” – the prevailing domestic law where the secured assets are physically located. | ||
So, if your assets are held in a tri-party collateral arrangement in Luxembourg, for example, even if your trading contract is an | So, if your assets are held in a [[tri-party collateral arrangement]] in {{tag|Luxembourg}}, for example, even if your trading contract is an English law {{gmsla}}, you ought to have a [[Luxembourg law pledge]] to go with your English law [[Fixed charge|fixed]] or [[floating charge]]. | ||
Revision as of 11:52, 1 November 2018
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A word about credit risk mitigation
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Latin for “the law of the place”. Relevant when contemplating the deep magic of taking security over assets in far-off places.
In a nutshell, international conventions of security law say that it is best to have security interests governed by the “lex situs” – the prevailing domestic law where the secured assets are physically located.
So, if your assets are held in a tri-party collateral arrangement in Luxembourg, for example, even if your trading contract is an English law 2010 GMSLA, you ought to have a Luxembourg law pledge to go with your English law fixed or floating charge.