3. Oktober 2021

Receivables Pledge Agreement

Filed under: Allgemein — @ 23:11

THE ISSUER`S SECURITIES The issuer`s securities are the first pledging of the issuing accounts granted under the Pledging Agreement of the issuing accounts and the first pledging of the borrower facility`s claims granted in accordance with the pledging agreement relating to the issuers` receivables (the „Issuers` Securities“). Assignment of receivables on new contracts is also possible. To that end, it is necessary to design the assignment contract in such a way that other receivables from new contracts can be assigned. Under Article 7(2) of the Law on registered pledge rights and the register of deposits, a registered right of pledge may, inter alia, be the subject of a number of movable assets or rights constituting an economic whole, even if the composition of the attachment may be amended. The first difficulty lies in the fact that the legal comments do not agree on whether a pledge can be based solely on a certain number of rights. A literal interpretation of this provision, and in particular the use of the conjunction „or“ should indicate that it is possible to base such a promise. But some commentators believe that a number of rights do not exist on their own. Under a pledging agreement, the company retains ownership and is responsible for debt collection, not the lender. Even if the lender now has a legal interest in the claims, there is no need to inform customers of that interest. A percentage of claims on deliveries and services, which decreases due to the age of the claims. Another requirement of the pledge creditor may be to require the pledge creditor to draw up a list of claims and to update it regularly in accordance with the rules laid down in the consignment agreement. The establishment of a list of the elements covered by the pledge requires a description of the legal relationships that create the claims sufficient to identify them.

If the object of the pledge is granted to individuals, their personal data must be provided and if the pledge holder requires that such a list be submitted to the registry court, this may infringe the provisions on data protection. When entering into an agreement for the assignment of security claims, selected specific receivables may be assigned without the need to satisfy the requirement of a „business combination“. This is an undisputed convenience, especially if you only want to burden a selected portfolio of receivables. (However, Polish law does not allow the global assignment of all the debtor`s claims of all legal relationships and, in this case, a registered attachment has a significant advantage.) It would appear that, if the object of the pledge is to be, for example, all the claims of the secured creditor on loans granted in the course of his business activities, it may be easier to prove that they constitute an economic whole. In the event of charges from a portfolio thus defined, the advantages of a registered pledge become more obvious. The main advantage is that such a deposit has a similar construction to that of a „floating charge“ of common law systems. The recorded seizure of a number of objects is essentially a common challenge of the specific property elements that make up the group. It may automatically cover other future items, for example.B. claims from new credits granted after pledging. If the new claims meet the criteria set out in the deposit contract, they are automatically subject to registered pledging. With regard to the question of enforcement, it should be pointed out that in the case of registered pledging, an extrajudicial method of enforcement may be provided for in the deposit agreement, for example the assumption of ownership of the security rights. .

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