Title transfer: Difference between revisions
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Amwelladmin (talk | contribs) Created page with "The title transfer {{1994csa}} is carefully designed to create a true sale (hence references to redelivery of “{{csaprov|Equivalent Credit Support}}” and not just retu..." |
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The title transfer {{1994csa}} is carefully designed to create a [[true sale]] (hence references to redelivery of “{{csaprov|Equivalent Credit Support}}” and not just return of posted assets). Modifications to the CSA (even by side letter or other agreement) which allow any counterparty to retain control over the {{csaprov|Credit Support Balance}} held by the other party may prejudice the [[true sale]] analysis. | The title transfer {{1994csa}} is carefully designed to create a [[true sale]] (hence references to redelivery of “{{csaprov|Equivalent Credit Support}}” and not just return of posted assets). Modifications to the CSA (even by side letter or other agreement) which allow any counterparty to retain control over the {{csaprov|Credit Support Balance}} held by the other party may prejudice the [[true sale]] analysis. | ||
Note also the concept of [[full title guarantee]] and [[limited title guarantee]], as contemplated by the [Law of Property (Miscellaneous Provisions) Act 1994]] | |||
====See also==== | ====See also==== | ||
Revision as of 16:32, 2 April 2014
The title transfer 1994 NY CSA is carefully designed to create a true sale (hence references to redelivery of “Equivalent Credit Support” and not just return of posted assets). Modifications to the CSA (even by side letter or other agreement) which allow any counterparty to retain control over the Credit Support Balance held by the other party may prejudice the true sale analysis.
Note also the concept of full title guarantee and limited title guarantee, as contemplated by the [Law of Property (Miscellaneous Provisions) Act 1994]]