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Cap. 645 · Credit Servicers And Credit Purchasers (Cap. 645)

Cap. 645 чл. 18Transfer of a creditor’s rights by a credit purchaser.

PART II

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(1) When Malta is the home Member State, a credit purchaser or, where applicable, its designated representative, that transfers a creditor’s rights under a non-performing credit agreement, or the non-performing credit agreement itself, shall inform the competent authority on a biannual basis of the legal entity identifier

(LEI) of the new credit purchaser and, where applicable, of its designated representative or, where such identifier does not exist, of:

(a) the identity of the new credit purchaser or, where applicable, its designated representative, or of the members of the new credit purchaser’s or its representative’s management body and the persons who hold qualifying holdings in the new credit purchaser or its representative within the meaning of point (36) of Article 4(1) of the CRR; and

(b) the address of the new credit purchaser or, where applicable, of its designated representative.

(2) Without prejudice to the provisions of sub-article (1), where Malta is the home Member State, the credit purchaser or its designated representative shall inform the competent authority of at least the following:

(a) the aggregate outstanding balance of the creditor’s rights under the non-performing credit agreements, or of the non-performing credit agreements transferred;

(b) the number and size of the creditor’s rights under the non-performing credit agreements or of the non-performing credit agreements transferred;

(c) whether the transfer includes a creditor’s rights under a non-performing credit agreement, or a non-performing credit agreement itself, concluded with consumers and the types of assets securing the non-performing credit agreement, when applicable.

(3) Where Malta is the home Member State, the competent authority may require credit purchasers or, where applicable, their designated representative to provide the information referred to in sub-articles (1) and (2), on a quarterly basis whenever the competent authority deems necessary, including in order to better monitor a high number of transfers that might occur during a crisis period.

(4) Where Malta is the home Member State, the competent authority shall transmit without undue delay the information received in accordance with this article to the European regulatory authority of the host Member State and the European regulatory authority of the home Member State of the new credit purchaser.