31 July 2003
This consultation document sets out the Government’s proposals for implementing the Financial Collateral Arrangements Directive, which covers two different types of financial collateral arrangements: those where a security interest in the financial collateral is provided, and those where the title of the financial collateral is transferred, including repurchase arrangements. The Directive only covers arrangements where the collateral is either cash or financial instruments (mainly securities or interests in securities); it does not cover arrangements governing other types of collateral, for example commercial property, plant and machinery, or book debts (receivables). The purpose of the Directive is to promote the integration and cost-efficiency of financial markets. It requires Member States to make collateral arrangements easier to enter into and to enforce, which will in turn lower the cost of capital in the EU, contributing to greater EU prosperity.
Drafts of the proposed regulations are at Annex A; a partial Regulatory Impact Assessment is at Annex B. The Treasury would be grateful for any comments on the draft regulations or on the partial Regulatory Impact Assessment to be sent by 10 October 2003 to the following address:
Financial Collateral Directive Consultation
Financial Stability and Regulatory Policy Team
HM Treasury
1 Horse Guards Road
London SW1A 2HQ
Fax: 020 7451 7524
E-mail: FCD@hm-treasury.gov.uk
Please could respondents give details of any organisation whose views they represent. Responses and a summary of responses may be published. Any responses, or parts of responses, which you do not wish published should be clearly marked as confidential.
Paper copies are available, free of charge, by telephoning 020 7270 6332.
The document “Implementation of the Directive on Financial Collateral Arrangements” is available below in Adobe Acrobat Portable Document Format (PDF). If you do not have Adobe Acrobat installed on your computer you can download the software free of charge from the Adobe website. For alternative ways to read PDF documents and further information on website accessibility visit the HM Treasury accessibility page.
PDF file of Implementation of the Directive on Financial Collateral Arrangements
PDF file of Implementing the Financial Collateral Arrangements Directive 2002/47/EC: Transposition Note
PDF file of the Financial Collateral Arrangements Regulations 2003: Regulatory Impact Assessment
Statutory instrument: Financial Collateral Arrangements (No.2) Regulations 2003
back to top
Consultations Full index
Consultations Live index