Corporate Recovery & Insolvency

Recent Articles

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  10/03/2025

  Colombia

  Insights into international NPL markets and regulations | Directive (EU) 2021/2167 | Colombia

  In Colombia, a non-performing loan (NPL) and a loan subject to regulatory relief measures are intensely and effectively supervised by the Financial Superintendence of Colombia (SFC) through a wide variety of strategies and tools. Moreover, Colombian banks have extensive and experienced resources dedicated to NPL management. Banks favour internally driven loan restructurings and workouts for resolving NPLs, minimising court-driven and legally enforced solutions, given their traditional prolonged delays and inefficiencies in the judicial debt recovery process.According to the report from the SFC,...

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  25/02/2025

  Italy

  Im­ple­ment­a­tion of SMD Directive - new Bank of Italy rules on NPL credit servicers

  Italy implemented the Secondary Market Directive (Directive (EU) 2021/2167) on credit servicers and credit purchasers (SMD Directive) issuing Legislative Decree no. 116 dated 30 July 2024 (also known as the Italian NPL Decree), that amended the Italian Banking Code (Legislative Decree No. 385 of 1 September 1993) to regulate non-performing loan (NPL) credit servicers (gestori di crediti in sofferenza).The Italian NPL Decree, in line with the SMD Directive, provides for the application of the new regime on NPLs only, thus excluding other categories of defaulted and impaired loans...

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  19/02/2025

  United Kingdom

  Reflections on the Third Parties (Rights against Insurers) Act 2010, 8 years later

  The Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”) came into force on 1 August 2016 and replaced the Third Parties (Rights against Insurers) Act 1930 (the “1930 Act”).  Details of the 2010 Act itself can be found in our Insurance Legislation Zone – here. In summary, the 2010 Act enables a third party that has suffered loss caused by an insured who has gone insolvent to bring proceedings directly against the insured’s liability insurers. This avoids the need for the third party to litigate against the insolvent insured before it is able...

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  13/02/2025

  Romania

  Updates on Consumer Protection in Debt Assignment Activities under Romanian legislation

  1. Romanian Law Enhances Consumer Protection in Debt Assignment ActivitiesThe Romanian Parliament has adopted an additional law aimed at protecting consumers who are borrowers under credit agreements. Law No. 243/2024, which came into force on 11 November 2024, introduces several measures to ensure fair treatment of consumers in relation to the total cost of credit and the assignment of claims.The law applies to relationships between consumers, non-banking financial institutions, and entities engaged in debt recovery activities. It establishes rules to protect consumers against excessive interest...

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  17/01/2025

  Croatia

  Croatia transposes NPL Directive

  Croatia transposed Directive (EU) 2021/2167 on credit servicers and credit purchasers (i.e. NPL Directive) through the adoption of the Act on the Manner, Conditions and Procedure of Servicing and Sale of Receivables, which entered into force at the end of 2023.This process represented an important step forward in achieving the objectives of the NPL Directive and harmonising the rules on the purchase and servicing of non-performing loans (NPLs) in addition to addressing specific local goals.The system before the ActPrior to the adoption of the Act, the purchasing and servicing of NPLs were regulated...

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  20/12/2024

  Slovenia

  Slovenia enacts Act on Purchasers and Servicers of Non-Per­form­ing Loans

  On 24 February 2024, the Slovenian Act on Purchasers and Servicers of Non-Performing Loans of Banks (Zakon o kupcih in serviserjih nedonosnih kreditov bank) entered into force. The Act transposes Directive (EU) 2021/2167 of the European Parliament and Council dated 24 November 2021 on Credit Servicers and Credit Purchasers into Slovenian law. The Act creates a legal framework for the comprehensive resolution of non-performing bank loans (NPLs), sets up mechanisms for their sale and servicing, seeks to improve NPL management, and fosters the development of the secondary NPL market...

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