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Commission Delegated Regulation (EU) 2016/2251Show full title

Commission Delegated Regulation (EU) 2016/2251 of 4 October 2016 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards for risk-mitigation techniques for OTC derivative contracts not cleared by a central counterparty (Text with EEA relevance)

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Commission Delegated Regulation (EU) 2016/2251, Article 4 is up to date with all changes known to be in force on or before 04 February 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

EUR 2016 No. 2251 may be subject to amendment by EU Exit Instruments made by both the Prudential Regulation Authority and the Financial Conduct Authority under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 4. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.

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Changes and effects yet to be applied to Article 4:

Article 4U.K.Eligible collateral

1.A counterparty shall only collect collateral from the following asset classes:

(a)cash in the form of money credited to an account in any currency, or similar claims for the repayment of money, such as money market deposits;

(b)gold in the form of allocated pure gold bullion of recognised good delivery;

(c)debt securities issued by Member States' central governments or central banks;

(d)debt securities issued by Member States' regional governments or local authorities whose exposures are treated as exposures to the central government of that Member State in accordance with Article 115(2) of Regulation (EU) No 575/2013;

(e)debt securities issued by Member States' public sector entities whose exposures are treated as exposures to the central government, regional government or local authority of that Member State in accordance with Article 116(4) of Regulation (EU) No 575/2013;

(f)debt securities issued by Member States' regional governments or local authorities other than those referred to in point (d);

(g)debt securities issued by Member States' public sector entities other than those referred to in point (e);

(h)debt securities issued by multilateral development banks listed in Article 117(2) of Regulation (EU) No 575/2013;

(i)debt securities issued by the international organisations listed in Article 118 of Regulation (EU) No 575/2013;

(j)debt securities issued by third countries' governments or central banks;

(k)debt securities issued by third countries' regional governments or local authorities that meet the requirements of points (d) and (e);

(l)debt securities issued by third countries' regional governments or local authorities other than those referred to in points (d) and (e);

(m)debt securities issued by credit institutions or investment firms including bonds referred to in Article 52(4) of Directive 2009/65/EC of the European Parliament and of the Council(1);

(n)corporate bonds;

(o)the most senior tranche of a securitisation, as defined in Article 4(61) of Regulation (EU) No 575/2013, that is not a re-securitisation as defined in Article 4(63) of that Regulation;

(p)convertible bonds provided that they can be converted only into equities which are included in an index specified pursuant to point (a) of Article 197 (8) of Regulation (EU) No 575/2013;

(q)equities included in an index specified pursuant to point (a) of Article 197(8) of Regulation (EU) No 575/2013;

(r)shares or units in undertakings for collective investments in transferable securities (UCITS), provided that the conditions set out in Article 5 are met.

2.A counterparty shall only collect collateral from the asset classes referred to in points (f), (g) and (k) to (r) of paragraph 1 where all the following conditions apply:

(a)the assets are not issued by the posting counterparty;

(b)the assets are not issued by entities which are part of the group to which the posting counterparty belongs;

(c)the assets are not otherwise subject to any significant wrong way risk, as defined in points (a) and (b) of paragraph 1 of Article 291 of Regulation (EU) No 575/2013.

(1)

Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).

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