CM-5.3.2
As a general rule,
(a) a legally enforceable right of set off exists in all cases (as confirmed by a legal opinion addressed to the bank) in respect of the recognised amounts;
(b) the debit and credit balances relate to the same customer or to customers in the same group; and
(c) the bank intends either to settle on a net basis, or to realise the debit balances and settle the credit balances simultaneously.
For a group facility, a full cross guarantee structure must also exist before debit balances on accounts may be offset.
October 07