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Article (133): Netting of Obligations of Insolvent or Bankrupt Parties

Fed Law 14/2018 Issued on 1/10/2018

1) The operator of a Financial Infrastructure System, which meets any of the designation conditions referred to in item (2) of Article (126), may effect Netting of all obligations owed to or by a Participant Person in this System, which incurred before the point of time where the competent court has made an order for bankruptcy or liquidation of the concerned Participant Person.

2) In case Netting has been effected as provided in item (1) of this article, then:

  1. a. The obligations that are netted shall be disregarded in the bankruptcy or liquidation proceedings and
  2. b. Any net obligation owed to or by the Participant Person that has not been discharged is payable to the Participant Person and may be recovered for the benefit of his creditors or is provable in the bankruptcy or liquidation, as the case may be.

3) Netting operations processed by the concerned system’s operator in accordance with item (1) of this article shall not be cancelled during a bankruptcy or liquidation process, nor any financial transfers already paid in accordance with paragraph (a) of item (2) of this article.