Commission Delegated Regulation (EU) 2017/390Show full title

Article 11 Other collateral

1. Other types of collateral to be used by a CSD-banking service provider shall consist of financial instruments that meet all of the following conditions:

(a) they are freely transferable without any legal constraint or third party claims that impair their liquidation;

(b) they are eligible at a central bank of the Union, where the CSD-banking service provider has access to regular, non-occasional credit (‘routine credit’) at that central bank;

(c) they are denominated in a currency the risk of which the CSD-banking service provider is able to manage;

(d) the CSD-banking service provider has a prearranged funding arrangement with the type of creditworthy financial institution referred to in point (e) of Article 59(4) of Regulation (EU) No 909/2014 and specified in Article 38 of this Regulation, which provides for the conversion of these instruments into cash on a same-day basis.

2. For the purposes of (c) of Article 59(3) of Regulation (EU) No 909/2014, other type of collateral to be used by a CSD-banking service provider shall be financial instruments that meet the following conditions:

(a) they are freely transferable without any legal constraint or third party claims that impair their liquidation;

(b) they are denominated in a currency the risk of which the CSD-banking service provider is able to manage;

(c) the CSD-banking service provider has both of the following:

(i)

a prearranged funding arrangement in accordance with point (e) of Article 59(4) of Regulation (EU) No 909/2014 and specified in Article 38 of this Regulation, so that these instruments can be liquidated within five business days;

(ii)

qualifying liquid resources in accordance with Article 34 to a sufficient amount to ensure that it covers the time gap for liquidating such collateral in case of default of the participant.