The trading of credit portfolios—such as non-performing
and non-strategic loan portfolios—on the secondary market in
Germany essentially began in 2003. Since then, credit institutions
have begun selling these loan portfolios in large volumes. However,
unlike the United States, where credit portfolio trading is
standardized, Germany has only developed its first standard for
such transactions in the past few years.
Together with the Bundesvereinigung Kreditankauf und Servicing
e.V. ("Federal Association for Loan Purchase and
Servicing"), Mayer Brown has developed a model sale and
purchase agreement for loan portfolio (especially non-performing
loans), which is now widely being used by market participants.
German and English versions of the agreement are attached to this
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Mayer Brown article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
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Under Regulation (EU) No. 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories ("EMIR")...
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