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Are leveraged LDI strategies lawful? How the courts would construe reg 5 of the OPSRs

19 March 2024 / Author(s): Keith Rowley KC , Elizabeth Ovey
Issue: July 2023 / Categories: Feature

This article builds on the recent articles by, first, Richard Salter KC and, second, Professor Iain Clacher and Dr Con Keating in which the question whether repos constitute borrowing within reg 5 of the Occupational Pension Schemes (Investment) Regulations 2005 is examined. It offers some reflections on points which might arise if the issue came to be litigated from the perspective of practitioners in the pensions field.

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