The Serbian Financial Collateral Act: Love At Second Sight?

February 2022  – The adoption of the Financial Collateral Act (FCA) in 2018 was widely regarded as a great addition to Serbia's financial law infrastructure. Nevertheless, more than three years later, the FCA's full potential has largely remained untapped. The key reason lies in its narrow scope in terms of covered counterparties and eligible transactions. Although the FCA delivered adequate protections for close-out netting in financial transactions among eligible counterparties (i.e., mostly sovereign and financial sector entities), it still does not protect close-out netting in transactions that involve corporate counterparties. Perhaps the time has come for the Serbian legislature to consider suggested updates to the FCA so that market participants may give it another chance.