8 Amendments of Danuta Maria HÜBNER related to 2018/0063A(COD)
Amendment 288 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Member States may exempt from the application of this Directive the servicing of creditor’s rights under a credit agreement or the credit agreement itself carried out by members of a legal profession, subject to the supervision of each Member State, such as public notaries and bailiffs as defined by national law or lawyers as defined in point (a) of Article 1(2) of Directive 98/5/EC of the European Parliament and of the Council36a, when conducting activities referred to in Article 3(9) of this Directive as part of their profession.
Amendment 292 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. Articles 4 to 15(1), 16 to 22 and 34 to 37 of this Directive shall not apply to (a) performing loans; and (b) syndicated loan arrangements.
Amendment 304 #
Proposal for a directive
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11a) a ‘non-performing credit agreement’ means an exposure that is classified as non-performing in accordance with Article 47a of Regulation (EU) 575/2013.
Amendment 321 #
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) the applicant has sufficient suitable employees who speak the language of the Member State where the credit servicer requests operation;
Amendment 323 #
Proposal for a directive
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) the applicant has adequate anti- money laundering and counter-terrorism procedures in place, where the home Member State national legislation transposing Directive 2015/849/EU designates credit servicers as obliged entities for the purposes of preventing and combating money laundering and terrorist financing;
Amendment 325 #
Proposal for a directive
Article 5 – paragraph 1 – point e c (new)
Article 5 – paragraph 1 – point e c (new)
Amendment 395 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, to the extent that it has or can reasonably be expected to obtain, or facilitate distribution of, such information, ensure that a creditor shall provide all necessary information to a credit purchaser to enable that credit purchaser assess the value of the credit agreement and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that credit agreement.
Amendment 396 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. On a biannual basis, Member States shall require a credit institution or the subsidiary of a credit institution that transfers as that transfer a creditor’s rights under a non- performing credit agreement or the non- performing credit agreements itself to a credit purchaser to inform the competent authorities designated in accordance with Article 20(3) of this Directive and Article 4 of Directive 2013/36/EU39 of, for each transfer about the legal entity identifier (LEI) of the credit purchaser or where such identifier does not exist about: (i) the identity of the credit purchaser or members of the purchaser's management or administrative organ and the persons who hold qualifying holdings in the purchaser within the meaning of point (36) of Article 4(1) of Regulation (EU) No 575/2013; and (ii) the address of the purchaser . Additionally, the credit institution shall inform about at least the following: _________________ 39Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).