General rule
section 1821(e) of this titlesection 1787(c) of this titlesection 78eee(b)(2) of title 15section 561(b)(2) of title 11Notwithstanding any other provision of State or Federal law (other than , , and any order authorized under ), the covered contractual payment obligations and the covered contractual payment entitlements of a member of a clearing organization to and from all other members of a clearing organization shall be terminated, liquidated, accelerated, and netted in accordance with and subject to the conditions of any applicable netting contract (except as provided in ).
Limitation of obligation to make payment
The only obligation, if any, of a member of a clearing organization to make payment with respect to covered contractual payment obligations arising under a single netting contract to any other member of a clearing organization shall be equal to its net obligation arising under that netting contract, and no such obligation shall exist if there is no net obligation.
Limitation on right to receive payment
The only right, if any, of a member of a clearing organization to receive payment with respect to a covered contractual payment entitlement arising under a single netting contract from other members of a clearing organization shall be equal to its net entitlement arising under that netting contract, and no such right shall exist if there is no net entitlement.
Entitlement of failed members
The net entitlement, if any, of any failed member of a clearing organization shall be paid to the failed member in accordance with, and subject to the conditions of, the applicable netting contract.
Obligations of failed members
The net obligation, if any, of any failed member of a clearing organization shall be determined in accordance with, and subject to the conditions of, the applicable netting contract.
Limitation on claims for entitlement
A failed member of a clearing organization shall have no recognizable claim against any member of a clearing organization for any amount based on such covered contractual payment entitlements other than its net entitlement.
Effectiveness notwithstanding status as member
This section shall be given effect notwithstanding that a member is a failed member.
Enforceability of security agreements
section 561(b)(2) of title 11section 1821(e) of this titlesection 1787(c) of this titlesection 78eee(b)(2) of title 15The provisions of any security agreement or arrangement or other credit enhancement related to one or more netting contracts between any 2 members of a clearing organization shall be enforceable in accordance with their terms (except as provided in ), and shall not be stayed, avoided, or otherwise limited by any State or Federal law (other than , , and ).
Pub. L. 102–242, title IV, § 404105 Stat. 2374Pub. L. 109–8, title IX, § 906(c)119 Stat. 168Pub. L. 109–390, § 4(b)120 Stat. 2695(, , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 109–3902006—Subsec. (a). struck out “paragraphs (8)(E), (8)(F), and (10)(B) of” before “section 1821(e)” and “section 1787(c)” and inserted “terminated, liquidated, accelerated, and” after “organization shall be”.
Pub. L. 109–390, § 4(b)(1)Subsec. (h). , struck out “paragraphs (8)(E), (8)(F), and (10)(B) of” before “section 1821(e)” and “section 1787(c)”.
Pub. L. 109–8, § 906(c)(1)2005—Subsec. (a). , added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Notwithstanding any other provision of law, the covered contractual payment obligations and covered contractual payment entitlements of a member of a clearing organization to and from all other members of a clearing organization shall be netted in accordance with and subject to the conditions of any applicable netting contract.”
Pub. L. 109–8, § 906(c)(2)Subsec. (h). , added subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Pub. L. 109–390section 7 of Pub. L. 109–390section 101 of Title 11Amendment by not applicable to any cases commenced under Title 11, Bankruptcy, or to appointments made under any Federal or State law, before , see , set out as a note under , Bankruptcy.
Effective Date of 2005 Amendment
Pub. L. 109–8section 1501 of Pub. L. 109–8section 101 of Title 11Amendment by effective 180 days after , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see , set out as a note under .