Примери за използване на Collateral enforcement на Английски и техните преводи на Български
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Accelerated Extrajudicial Collateral Enforcement.
Out-of-court collateral enforcement is strictly limited to loans granted to businesses and subject to safeguards.
The second impact assessment dealt with the accelerated extrajudicial collateral enforcement.
Measures adopted in 2016 to accelerate collateral enforcement by banks are not yet being used.
Converging procedures for personal insolvency,property valuation and collateral enforcement.
The framework for out-of-court collateral enforcement is still not fully applicable to households and only recently to companies.
Member States shall ensure that collateral may be realised pursuant to this accelerated extrajudicial collateral enforcement mechanism.
Similarly, the envisaged accelerated extrajudicial collateral enforcement mechanism seeks to balance the interests of creditor and business borrower.
The proposal is supported by a positive opinion issued by the RSB as regards the accelerated extrajudicial collateral enforcement on 12 January 2018 22.
Furthermore, accelerated collateral enforcement as a swift mechanism for recovery of collateral value reduces the costs for resolving NPLs.
Article 28 gives the borrower the right to challenge the use of this accelerated extrajudicial collateral enforcement procedure before national courts.
The proposed new mechanism for out-of-court accelerated collateral enforcement would have to be agreed between a bank and borrower upfront, normally when the loan is granted.
The proposal also reflects the feedback received from the expert group consulted by the Commission services as regards Accelerated Extrajudicial Collateral Enforcement.
Member States shall ensure that this accelerated extrajudicial collateral enforcement mechanism may be exercised by a creditor where all of the following conditions are fulfilled.
Where the national law establishes the appropriation of the asset procedure,that procedure may also be used for the purpose of this accelerated extrajudicial collateral enforcement procedure.
(i)the creditor's intention to realise the assets through this accelerated extrajudicial collateral enforcement mechanism to satisfy the contractual obligations of the secured credit agreement;
Tools of credit portfolio management also included significant write-offs of bad debts as well as restructuring agreements instead of traditional in-court and collateral enforcement proceedings.
Title V establishes a framework on accelerated extrajudicial collateral enforcement, which is an instrument agreed between the secured creditor and business borrower on a voluntary basis and which the secured creditor may exercise once the conditions set out in Article 23 are met.
Restructuring and insolvency proceedings prevail over the accelerated extrajudicial collateral enforcement procedure set out with this proposal.
The introduction of accelerated collateral enforcement as a swift mechanism for the recovery of collateral value would reduce the costs for resolving NPLs and would hence support both credit institutions and purchasers of NPLs in recovering value.
Article 24 requires Member States to have in place at least one enforcement procedure which may be used for the purpose of the accelerated extrajudicial collateral enforcement mechanism set out in this proposal.
Establishing a framework on efficient out-of-court collateral enforcement procedures would ensure that secured creditors in all Member States benefit from the availability of a distinct common expedited tool to recover value from a secured loan in case a business borrower does not repay the loan.
Member States shall ensure that the creditor affords the business borrower a reasonable period of time for execution of payment andmakes reasonable efforts to avoid the use of this accelerated extrajudicial collateral enforcement mechanism.
The first option referred to possible non-regulatory action based on existing international harmonisation initiatives of extrajudicial collateral enforcement procedures whereby the Commission would recommend Member States to put in place such procedures.
(39)In the Council's"Action Plan to Tackle Non-Performing Loans in Europe", a legislative initiative was put forward to enhance the protection of secured creditors by providing them with more efficient methods of value recovery from secured credit through an accelerated extrajudicial collateral enforcement procedure.
(44)Since this accelerated extrajudicial collateral enforcement mechanism is a voluntary instrument which is subject to agreement between the secured creditor and the business borrower, it is necessary that the borrower be informed about the consequences and of the conditions under which this accelerated procedure may be used by the creditor.
Without prejudice to articles 19 to 23 of the Directive(EU) 20XX/XX of the European Parliament and of the Council 41,in cases where the amount realised after the use of this accelerated extrajudicial collateral enforcement mechanism is an amount lower than the sum outstanding of the secured credit agreement, Member States may provide for the settlement of all liabilities under that agreement, in accordance with applicable national laws.
As regards the accelerated extrajudicial collateral enforcement procedure, this Directive applies to credit agreements concluded between creditors, primarily banks, and borrowers for the purposes of their trade, business or profession which are secured by any movable and immovable assets owned by the borrower and which have been pledged to a creditor in order to secure the repayment of a loan.
(49)Member States should ensure that where a secured credit agreement which provides for the accelerated extrajudicial collateral enforcement set out in this Directive is transferred by the creditor to a third party, that third party would acquire the right to avail himself of the accelerated extrajudicial collateral enforcement under the same terms and conditions as the secured creditor.
Article 32 also aims atensuring full consistency and complementarity of this accelerated extrajudicial collateral enforcement procedure with the Restructuring Proposal by stating that creditors, including secured creditors of a company or entrepreneur that is subject to a restructuring proceedings, are subject to the stay of individual enforcement actions.