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Fungibility meaning

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What does Fungibility mean?
In legal practice, fungibility describes assets or goods where each unit is equivalent and mutually interchangeable, so an obligation can be satisfied by delivering any conforming unit rather than a specific item. The concept is used across commercial contracts, commodities trading, securities settlement, collateral, set-off and netting, and insolvency. It is largely a descriptive expression rather than a defined statutory term, though some instruments refer to fungible securities (for example, the Financial Collateral Arrangements (No. 2) Regulations 2003), and case law discusses interchangeable goods held in bulk. A key practical effect is that performance, delivery, appropriation to the contract and transfer of title can occur by reference to description, quality and quantity, not identity. In the nuclear fuel cycle, enriched uranium is treated as fungible: material delivered under enrichment services need not originate from the customer’s own feedstock, provided the agreed quantity, enrichment assay and other specifications are met, with appropriate accounting and regulatory compliance. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. The Sale of Goods Act 1979 (and Irish equivalents) on unascertained goods and undivided shares in a bulk underpins treatment of fungible goods. Items with unique attributes or serialised identity are generally non-fungible unless...
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View the related Practice Notes about Fungibility

PRACTICE NOTES
UK debt securities: trading venues, settlement systems and custody—market infrastructure, key service providers and regulatory framework

What does this Practice Note cover? The primary emphasis of this Practice Note is on debt securities (such as bonds or notes) and it provides an introduction to: trading, settlement and custody of debt securities in the UK, and the key UK regulatory frameworks that govern these activities This Practice Note also highlights the main categories of relevant service providers and summarises the UK regulatory frameworks applicable to them. For a quick summary of how the debt capital markets are regulated in the UK, see Practice Note: EU and UK regulation of the debt capital markets—one minute guide. For information on the debt securities market infrastructure in the EU, see Practice Note: EU Debt securities market infrastructure. Introduction The importance of tradeability of debt securities Tradeability is a fundamental attribute of debt securities. Investors’ ability to purchase and sell—trade—debt securities depends on: standardisation of the terms and conditions of debt securities (for more information, see Practice...

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PRACTICE NOTES
Fungibility of debt securities in English law: when additional issuances form a single series, prospectus requirements, interest date alignment, temporary non‑fungibility and Regulation S lock‑up considerations

What does this Practice Note cover? This Practice Note sets out the concept of fungibility and its practical importance for additional issuances of debt securities. When are debt securities fungible? Debt securities, and other assets, are fungible when they are largely indistinguishable and can be exchanged freely for trading purposes. Fungibility is a fundamental attribute of debt securities issued on the same date as part of a single series. Such instruments are, as a rule, issued on identical terms and are interchangeable for all purposes. When the securities are traded, the seller can complete settlement by delivering the traded nominal amount of the securities, with no need to deliver any specific individual securities. Without this characteristic, trading the securities would be practically impossible. For information on trading debt securities, see Practice Note: UK Debt securities—trading, settlement and custody. Historically, fungibility was a material question for same‑day, single‑series issues when debt securities were produced in definitive bearer form—each security being an individual, negotiable, security‑printed document, typically bearing a...

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PRACTICE NOTES
EU debt securities market infrastructure and regulation: trading venues, market participants, clearing, settlement and custody (MiFID II, MAR, EMIR, CSDR, Settlement Finality Directive)

Introduction The ability to trade is fundamental to debt securities. Investors’ capacity to buy and sell them rests on: standardisation of terms and conditions (see Practice Notes on Terms and conditions of debt securities and Terms and conditions—first time issuer's guide) the fungible nature of the instruments (see Practice Note: Key legal issues in English law in debt capital markets—fungibility) the presence of a secure, efficient and liquid market—allowing rapid, straightforward sales at steady prices This market relies on a wide-ranging framework of systems and services, grouped into four main areas: mechanisms that generate, sustain, or provide access to liquidity (trading infrastructure) arrangements that remove counterparty non-completion risk in concluded sale and purchase contracts (clearing infrastructure) systems that facilitate delivery of securities from one holder to another in fulfilment of an agreed sale and purchase or other transaction...

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