EU SFT rules on collateral consent create legal conundrums

Reuse, title transfer, reporting and derivatives in scope scrutinised

Fresh reams of European regulations on securities lending, repo markets and other collateral trades are set to be argued over in the European Union (EU) this week – but lawyers have already found bones of contention in the drafted text.

The new rules aim to make more transparent a number of securities financing transactions (SFTs) and limit the reuse of collateral, unless collateral providers are explicitly made aware of the risks of reuse and consent. The laws form part of the EU’s drive to crea