The FMLC has submitted a response drawing attention to previous FMLC papers on “possession” and “control”, written in 2010 and 2012, which highlight the serious issues of legal uncertainty and material difficulties arising from the definitions of “possession” and “control”.
Tag: Financial Collateral Directive
Letter to HM Treasury: Financial Collateral Arrangements (No 2 Regulations 2003: 13 April 2015
A letter from the FMLC to Mr Knox of HM Treasury, sent 13 April 2015, commenting on the impact of uncertainty regarding the meaning of “possession”, “control” and “excess financial […]
Report: Financial Collateral Arrangements (No 2) Regulations 2003: 1 December 2012
FMLC report entitled Analysis of uncertainty regarding the meaning of “possession or … control” and “excess financial collateral” under the Financial Collateral Arrangements (No. 2) Regulations 2003, published 1 December […]
Letter to HM Treasury: Implementation of Directive 2009/44/EC on Settlement Finality and Financial Collateral Arrangements: 7 April 2011
A letter from the FMLC to Mr Beardsworth of HM Treasury, sent 7 April 2011, discussing the implementation of E.U. Directive 2009/44/EC. Available as: PDF
Letter to HM Treasury: Implementation of Financial Collateral Directive: 25 July 2003
Letter to Phil Wynn Owen, HM Treasury Re: Implementation of Financial Collateral Directive 2002/47/EC, sent 25 July 2003. Available as: PDF
Letter to CLLS Financial Law Sub-committee: Financial Collateral Directive: 25 July 2003
Letter to Ms Livingston, CLLS Financial Law Sub-committee Re: Endorsement of their views expressed to HMT on FCD 2002/47/EC, sent 25 July 2003. Available as: PDF