Luxembourg Financial Collateral and the Mechanism of Appropriation
Appropriation of Pledged Financial Instruments in Luxembourg Private Banking: The Enforcement Clause That Makes the Security Work We examines appropriation as an enforcement mechanism under the Luxembourg Law of 5 August 2005 on financial collateral arrangements, and its operational implications for private banking and Lombard lending. The Core Mechanism Appropriation is not a theoretical backstop. It is the provision by which a pledgee — typically the lender or bank — may…