Art. 30. - Art. 30: The ECB's rights of pledge and set-off - Decizia BCE/2007/7/24-iul-2007 privind termenii şi condiţiile TARGET2-ECB
Acte UE
Jurnalul Oficial 237L
Ieşit din vigoare Versiune de la: 13 Iunie 2022
Art. 30: The ECB's rights of pledge and set-off
1.The ECB shall have a pledge over the participant's existing and future credit balances on its PM accounts, thereby collateralising any current and future claims arising out of the legal relationship between the parties.
2.On the occurrence of:
a)an event of default referred to in Article 28(1); or
b)any other event of default or event referred to in Article 28(2) that has led to the termination or suspension of the participant's participation in TARGET2-ECB notwithstanding the commencement of any insolvency proceedings in respect of a participant and notwithstanding any assignment, judicial or other attachment or other disposition of or in respect of the participant's rights, all obligations of the participant shall be automatically and immediately accelerated, without prior notice and without the need for any prior approval of any authority, so as to be immediately due. In addition, the mutual obligations of the participant and the ECB shall automatically be set off against each other, and the party owing the higher amount shall pay to the other the difference.
3.The ECB shall promptly give the participant notice of any set-off pursuant to paragraph 2 after such set-off has taken place.
4.The ECB may without prior notice debit any participant's PM account by any amount which the participant owes the ECB resulting from the legal relationship between the participant and the ECB.