Germany:
German Federal Court Ruling Important For Future Contractual Netting Arrangements
20 June 2016
Reed Smith (Worldwide)
To print this article, all you need is to be registered or login on Mondaq.com.
In a decision of 9 June 2016, the German Federal Court of
Justice (Bundesgerichtshof, "BGH") has ruled that the
determination of the close-out amount in a netting provision based
on the German Master Agreement for Financial Derivatives
Transactions (Rahmenvertrag für Finanztermingeschäfte or
DRV) is not legally effective in the event of insolvency to the
extent that it deviates from section 104 of the German Insolvency
Code.
The reasoning of the decision has now been published and
provides a number of answers to questions which are important for
future contractual netting arrangements.
To read more about the decision, please click here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Finance and Banking from Germany
Asset Recovery Comparative Guide
Bird & Bird
Asset Recovery Comparative Guide for the jurisdiction of UK, check out our comparative guides section to compare across multiple countries
To The Point: Financial Regulation | 03/2024
Schoenherr Attorneys at Law
Welcome to our to the point newsletter. Every month, we are looking back at the most relevant developments in the area of financial regulation in the CEE region.
Yabancı Alacakların Türkiye'de Tahsili
Miran Legal
Günümüzde ticari hayat her geçen gün gelişmektedir. Ticari hayatın gelişmesinde rol oynayan en büyük etkenlerden biri ise uluslararası sözleşmelerdir.