Germany’s Highest Court Invalidates Standard Close-Out Netting Clause for Financial Derivatives—BaFin Order Neutralizes the Effects of the Decision
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Key takeaways
- Close-out netting clauses frequently used in master agreements for derivative transactions were held invalid by the German Federal Court of Justice.
- The German regulator BaFin immediately issued an interim order neutralizing the effects of the decision to avoid disrupting effects on the market.
- Legislative action is expected to commence with the aim to ensure the continuing enforceability of close-out netting clauses in market standard master agreements.