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Rehypothecation: Difference between revisions
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{{a|glossary|}}{{anat|security|}}''Compare with [[title transfer]] and {{pbprov|reuse}}. Often used in place of the better term “{{pbprov|reuse}}”, {{pbprov|rehypothecation}} is a New York law means of achieving reuse of pledged assets. It is not strictly accurate when applied to [[title transfer collateral arrangements]] as the collateral taker in that case owns the asset absolutely, and does not therefore need a right to “[[rehypothecate]]” it. '' | {{a|glossary|}}{{anat|security|}}''Compare with [[title transfer]] and {{pbprov|reuse}}. Often used in place of the better term “{{pbprov|reuse}}”, {{pbprov|rehypothecation}} is a New York law means of achieving [[reuse]] of pledged assets. It is not strictly accurate when applied to [[title transfer collateral arrangements]] as the collateral taker in that case owns the asset absolutely, and does not therefore need a right to “[[rehypothecate]]” it.'' | ||
{{pbprov|Rehypothecation}}, or “{{pbprov|rehypo}}”, is an important part of {{pbprov|margin lending}}: more important than ordinary [[hypothecation]], a term you don’t often see (and which as far as [[I]] know simply means to [[pledge]] assets by way of [[security]] for a [[debt]]). | {{pbprov|Rehypothecation}}, or “{{pbprov|rehypo}}”, is an important part of {{pbprov|margin lending}}: more important than ordinary [[hypothecation]], a term you don’t often see (and which as far as [[I]] know simply means to [[pledge]] assets by way of [[security]] for a [[debt]]). | ||
===Where you DO see a right of rehypothecation=== | |||
===Where you see a right of rehypothecation=== | |||
====Prime brokerage arrangements==== | ====Prime brokerage arrangements==== | ||
In a {{tag|prime brokerage}} arrangement, the [[prime broker]] has financed the purchase of a client’s asset, and it holds that asset in [[custody]], with {{tag|security}} over it as surety for repayment of the amount it lent the client to buy it in the first place. As [[custodian]], the [[prime broker]] has legal title but not [[beneficial interest]] in the asset. So it is rather as if the client had “pledged” the asset under a [[New York law]] {{t|CSA}} to the [[prime broker]]. therefore the term rehypothecation, to describe the process whereby the [[prime broker]] takes that asset and sells it to defray the cost of financing it, with a [[contingent obligation]] to redeliver something identical back on request, is not an outrageous distortion of the facts of what is happening. | In a {{tag|prime brokerage}} arrangement, the [[prime broker]] has financed the purchase of a client’s asset, and it holds that asset in [[custody]], with {{tag|security}} over it as surety for repayment of the amount it lent the client to buy it in the first place. As [[custodian]], the [[prime broker]] has legal title but not [[beneficial interest]] in the asset. So it is rather as if the client had “pledged” the asset under a [[New York law]] {{t|CSA}} to the [[prime broker]]. therefore the term rehypothecation, to describe the process whereby the [[prime broker]] takes that asset and sells it to defray the cost of financing it, with a [[contingent obligation]] to redeliver something identical back on request, is not an outrageous distortion of the facts of what is happening. | ||