Rehypothecation: How Institutions Have Become More Opaque.

 Rehypothecation is the process where a financial institution reuses collateral posted by its clients to secure borrowing or investment activities. Typically involving the legal transfer of title of the asset, allowing them to reuse it.

For example, a broker may post UK gilts as collateral to another brokerage in a margin agreement, in which the other brokerage firm may use them to fund its own activities by putting them up as collateral itself. This has the benefit of increasing liquidity within the market, but leads to counterparty risk

Rehypothecation chains can be complicated as they lead to opacity of who owns the underlying asset and can lead to situations where multiple parties can lay claim to an asset. Imagine a situation where Banker A sets up collateral for Banker B, and Banker B sets this as collateral for Banker C. If Banker B were to default, it complicates the line of ownership, as they should give the asset to Banker C, but Banker A still lays claim to it. Banker A would have a creditor claim from Bank B.

This was starkly visible in '08 when long-hypothecated title claims were present and when Lehman Brothers when bankrupt and counter-parties seized assets, this led to a chain reaction where many banks were unable to retrieve the assets they had put up for collateral. These upstream clients were forced to settle in bankruptcy court, causing a liquidity crunch.

This issue was exacerbated by the lack of financial regulation within the UK at the time, as there was no limit to how much a bank could perform rehypothecation of clients' assets. Lehman Brothers had £30B in rehypothecated assets, so when it went bankrupt, it left many hedge funds largely uncompensated and unsecured. This asks the question of whether the UK should prioritise the market efficiency that this allows for or strive for client protection.

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