Title transfer

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1995 CSA

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.

GMSLA

Despite its name, the 2010 GMSLA transaction is one of title transfer, as can be better explained in the articles on market terminaology and the term "equivalent" as it is used in the GMSLA.

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