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AI Summary of Article 212 Requirements for other funded credit protection
The eligibility criteria for cash on deposit or cash assimilated instruments pledged to a lending institution are outlined, emphasising the necessity for legal effectiveness across jurisdictions. A borrower must openly pledge their claim, notify the third-party institution, and ensure that payments are facilitated exclusively to the lender unless consent is granted otherwise.
In terms of life insurance policies, a similar framework exists. These policies must be openly assigned, with notifications preventing any disbursement without the lender's approval. Additional conditions include cancellation rights, timely surrender value payments, and compliance with relevant supervisory directives to safeguard the lender's interests adequately.
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Article 212 Requirements for other funded credit protection
1. Cash on deposit with, or cash assimilated instruments held by, a third party institution shall be eligible for the treatment set out in Article 232(1), where all the following conditions are met:
(a) the borrower's claim against the third party institution is openly pledged or assigned to the lending institution and such pledge or assignment is legally effective and enforceable in all relevant jurisdictions and is unconditional and irrevocable;
(b) the third party institution is notified of the pledge or assignment;
(c) as a result of the notification, the third party institution is able to make payments solely to the lending institution or to other parties only with the lending institution's prior consent.
2. Life insurance policies pledged to the lending institution shall qualify as eligible collateral where all the following conditions are met:
(a) the life insurance policy is openly pledged or assigned to the lending institution;