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AI Summary of Article 207 Requirements for financial collateral
This document outlines the qualifications for eligible collateral under various regulatory approaches, stipulating that financial collateral and gold are acceptable provided specific requirements are met. Notably, the credit quality of the obligor must not correlate materially with the value of the collateral, safeguarding against simultaneous deterioration.
Additionally, institutions must ensure enforceability of collateral arrangements through legal reviews, robust operational protocols, and diligent market valuations. They must also monitor risks related to collateral use, including concentration risks and the management of margin agreements, to maintain compliance and mitigate potential liquidity issues.
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Article 207 Requirements for financial collateral
1. Under all approaches and methods, financial collateral and gold shall qualify as eligible collateral where all the requirements laid down in paragraphs 2 to 4 are met.
2. The credit quality of the obligor and the value of the collateral shall not have a material positive correlation. Where the value of the collateral is reduced significantly, this shall not alone imply a significant deterioration of the credit quality of the obligor. Where the credit quality of the obligor becomes critical, this shall not alone imply a significant reduction in the value of the collateral.
Securities issued by the obligor, or any related group entity, shall not qualify as eligible collateral. This notwithstanding, the obligor's own issues of covered bonds falling within the terms of Article 129 qualify as eligible collateral when they are posted as collateral for a repurchase transaction, provided that they comply with the condition set out in the first subparagraph.
3. Institutions shall fulfil any contractual and statutory requirements in respect of, and take all steps necessary to ensure, the enforceability of the collateral arrangements under the law applicable to their interest in the collateral.
Institutions shall have conducted sufficient legal review confirming the enforceability of the collateral arrangements in all relevant jurisdictions. They shall re-conduct such review as necessary to ensure continuing enforceability.