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http://ssrn.com/abstract=584102
 
 

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Derivatives and Rehypothecation Failure: It's 3:00 p.m., Do You Know Where Your Collateral Is?


Christian A. Johnson


University of Utah College of Law


Arizona Law Review, Vol. 30, No. 949, Fall 1997

Abstract:     
This article begins with a discussion of over-the-counter derivative transactions and the over-the-counter derivatives industry in general, focusing in particular on transactions involving interest rate swaps. Part II discusses the practice of rehypothecation and describes why secured parties are so insistent on the right to rehypothecate collateral. Part III focuses primarily on the risks assumed by a pledgor with respect to its posted collateral if the secured party becomes insolvent or bankrupt after it has rehypothecated the posted collateral. Part IV argues that a participant should resist consenting to rehypothecation, or should at a minimum, be compensated by its counter party for assuming the risk of rehypothecation failure.

Number of Pages in PDF File: 96

Keywords: Derivative, rehypothecation, repledge, uniform commercial code, damages, interest rate swaps, collateral, insolvent, bankrupt, bankruptcy, insolvency, ISDA, international swaps and derivatives association

JEL Classification: G2, G21, G28, G29

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Date posted: July 15, 2005  

Suggested Citation

Johnson, Christian A., Derivatives and Rehypothecation Failure: It's 3:00 p.m., Do You Know Where Your Collateral Is?. Arizona Law Review, Vol. 30, No. 949, Fall 1997. Available at SSRN: http://ssrn.com/abstract=584102

Contact Information

Christian A. Johnson (Contact Author)
University of Utah College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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