Translation of "Compensation bilatérale avec déchéance du terme " (French → English) :

(d)netting arrangements under which a number of claims or obligations can be converted into a single net claim, including close-out netting arrangements under which, on the occurrence of an enforcement event (however or wherever defined) the obligations of the parties are accelerated so as to become immediately due or are terminated, and in either case are converted into or replaced by a single net claim.

‘netting arrangement’ means an arrangement under which a number of claims or obligations can be converted into a single net claim, including close-out netting arrangements under which, on the occurrence of an enforcement event (however or wherever defined) the obligations of the parties are accelerated so as to become immediately due or are terminated, and in either case are converted into or replaced by a single net claim, including ’close-out netting provisions’ as defined in point (n)(i) of Article 2(1) of Directive 2002/47/EC and ‘netting’ as defined in point (k) of Article 2 of Directive 98/26/EC;

When one party to the contract containing a close-out netting provision is an institution falling within the scope of Directive 2001/24/EC, that close-out netting provision shall be governed solely by the law of the contract governing such provision .‘

53. Welcomes the recent report from the Commission evaluating Directive 2002/47/EC on financial collateral arrangements (FCD) (COM(2006)0833); notes the Commission's comments on the importance of close-out netting for reduction of credit risk and increasing efficiency in financial markets as well as more efficient allocation of regulatory capital, and encourages the Commission to formulate a proposal for improving the consistency of the acquis in relation to various Community instruments, including the FCD, which contains provisions on netting and set-off, possibly by developing a single instrument setting out a set of common fundamenta ...[+++]l principles for each national legal regime for close-out netting;

53. Welcomes the recent report from the Commission evaluating Directive 2002/47/EC on financial collateral arrangements (FCD) (COM(2006)0833 ); notes the Commission's comments on the importance of close-out netting for reduction of credit risk and increasing efficiency in financial markets as well as more efficient allocation of regulatory capital, and encourages the Commission to formulate a proposal for improving the consistency of the acquis in relation to various Community instruments, including the FCD, which contains provisions on netting and set-off, possibly by developing a single instrument setting out a set of common fundament ...[+++]al principles for each national legal regime for close-out netting;

52. Welcomes the recent report from the European Commission evaluating Directive 2002/47/EC on financial collateral arrangements (FCD); notes the Commission’s comments on the importance of close-out netting for reduction of credit risk and increasing efficiency in financial markets as well as more efficient allocation of regulatory capital, and encourages the Commission to formulate a proposal for improving the consistency of the acquis in relation to various Community instruments, including the FCD, which contains provisions on netting and set-off, possibly by developing a single instrument setting out a set of common fundamental principles for each natio ...[+++]nal legal regime for close-out netting;