Saturday, May 1, 2010

Assets in the global financial system

Maybe you've seen the document on BG with a screen that was so complete data. This document came from someone who claims to be the owner of the Assets. They offer these assets to obtain loans or enter into an investment program. Are these assets can be secured? Whether assets may be sold?

Euroclear and DTCC are Screen and Settlement Services. :Instruments that are Euroclear eligible including MTNs, Bonds, Stocks, Treasuries, Freddie Macs, Fanny Maes and, very rarely a CD or SBLCs. But, generally the CDs and the SBLCs are not on Euroclear. BGs are NEVER, EVER on Euroclear and they do not qualify for an ISIN or a CUSIP Number. There is no such thing as a "Grey" or any colored screen. Only instruments that are registered with the United States Securities and Exchange Commission can be on DTCC, and, this does not include MTNs or BGs. Euroclear and DTCC are screen services. They are not "parking lots" for instruments or for cash funds.

Hypothecation

So, When an instrument is "posted" to these screens, the instrument is not physically on the screen, it is still in safekeeping at a bank (with a SKR) or a securities house (with an Account Statement). So, when people tell you that there is NO SKR or Account Statement, they are wrong and they are telling you that because they are not the owner and cannot prove ownership of the instrument. Because if you want to take a loan or hypothecation the asset, the instruments that are presented for hypothecation must (after the Agreement is signed) move to the funding location. If the instrument is on Euroclear, it must move Euroclear Free Delivery.. No one can block an instrument on Euroclear for the purpose of hypothecation.. No funding source can "take down" an instrument from Euroclear..If the instrument is not on Euroclear, then it must move by SWIFT MT 7XX (depending on the type of instrument).

Buy and sell

In a transaction involving the buying and selling of an instrument (spot or contract), neither the Seller nor the Buyer are allowed to fabricate the rules and procedures that must be deployed. If the instrument is on Euroclear, then the transaction MUST be completed via the Standard Euroclear DvP protocol trade & settlement Procedures, officer to officer, and no other way. If the instrument is not on Euroclear, then the transaction MUST be completed via the Standard non-Euroclear DVP protocol trade & settlement Procedures, officer to officer, and no other way..

Please note that the Laws of Perjury do not apply to any commercial documents. There is no law, act (including the Patriot Act), rule, regulation or ordinance that requires that any Buyer of any seasoned instruments must provide a Proof of Funds. This is just the nonsense of the introducers/intermediaries. The standard and non-standard Euroclear Procedures set forth that the validation of capabilities (both sides) is accomplished in the officer/operative-to-officer/operative on-screen communication, after the Agreement is signed between the Buyer and the Seller.

So be careful when there is an offer from someone who claims to be the owner of the asset. Ask the expert opinion before you act.

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