(Art. 120 para. 1, 123 para. 1 FinMIA)
- Lending transactions and similar transactions, such as repurchase agreements or collateral transactions with transfer of ownership must be reported.
- The notification duty is only incumbent on the contracting party acquiring temporary ownership of the securities through such transactions:
- for lending transactions: the borrower;
- for repurchase agreements: the buyer; and
- for collateral transactions: the collateral taker.
- On expiry of the transaction, the returning contracting party under paragraph 2 is again subject to a notification duty if a threshold in accordance with Article 120 paragraph 1 FinMIA is reached or fallen below.
- Lending transactions and repurchase agreements do not need to be reported if they are processed in a standardised manner via trading platforms for liquidity management purposes.