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1 Introduction

Edited By: Matthias Haentjens

From: Financial Collateral: Law and Practice

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 06 July 2022

Banks as a lender — Credit risk — Capital markets — Collateral agreement — Liquidity — Financial system — International financial system — International monetary conduct

This introductory chapter provides a background and overview of financial collateral. One of the most significant changes in which financial markets have functioned since the global financial crisis is the 'flight to security'. Both the need for secured lending as well as regulatory requirements to reduce credit risk have contributed to the increased need for collateral, i.e. for liquid, high-quality assets that may be used as collateral. On the one hand, increasing concerns about counterparty risk have meant that secured borrowing and lending have become the normal means by which funding is accessed, largely replacing unsecured finance. On the other hand, the Basel III framework - and the need for better capitalization and liquidity of financial institutions - has made it more important for banks to hold a greater stock of high-quality securities. The global financial crisis and the resulting regulatory responses have thus profoundly affected the supply of, and demand for, financial collateral in that financial collateral has become much scarcer and more important. This book focuses on collateral in international finance transactions. It provides practitioners and academics with a comprehensive handbook on the various aspects of financial collateral and its use. The chapter then describes the terms finance, credit, security, and collateral.

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