In addition to a mortgage right, borrowers generally create guarantees for the following assets: tenant debts, insurance receivables, bank receivables, receivables on management contracts, receivables from sales contracts or real estate development and, if applicable, receivables on hedging contracts, property assets or shares of the borrower. 5.3 Suppose a loan is granted to a company organized according to the laws of your jurisdiction and guaranteed by a guarantor organized according to the laws of your jurisdiction. If such a loan is transferred by Lender A to Lender B, are specific requirements required to make the loan and guarantee enforceable by Lender B? Interest on loans to certain hybrid items (. B for example, loans subordinated to interest that are indeterminate or longer than 50 years old) may be subject to a dividend tax (current rate of 15%). In the case of investments in Dutch credit portfolios, it is important to check whether the portfolio is transferred from private receivables through contract management (contract transfer) or by assignment (Cessie). In the event of the transfer of the loans, the duty of care to the borrowers remains the Dutch bank and does not apply to the non-bank unit as a borrower. However, the conduct of the non-bank business as a transferee should be consistent with (i) contractual agreements between the bank and the borrower, (ii) to the legal provisions and (iii) to the standards of adequacy and fairness that may require the non-bank business to act vis-à-vis the borrowers, as can be expected from a reasonable bank. In the Netherlands, a parallel debt structure is the standard mechanism for financing transactions, to ensure that the security interests of Dutch law can be held by a security guard for the benefit of lenders. In a parallel debt structure, a borrower/guarantor owes the securities agent at all times, in his or her individual capacity (i.e. in his own name and not as an agent or representative of lenders), an amount equal to the total amount that such a borrower/guarantor owes to the loan consortium in the context of the loan documents (the “parallel debt”). All security interests governed by Dutch law are considered by the security officer to be a guarantee for the parallel right to the claim. No security interest is created on behalf of each lender.
Each lender has a contractual right against the security officer to pay the amounts earned by the security officer to each lender, as provided by the credit documentation/intermediation agreement. Unlike a home loan, a mortgage home contract does not need to be notarized to be valid, because a private deed is sufficient. The mortgage may be granted through any type of personal assets of the debtor concerned, including future assets (excluding future bank accounts), but the guarantee will not be effective until the debtor has acquired rights to the assets concerned and the guaranteed commitment is created. To be effective against third parties, a mortgage property contract must be registered in the Romanian national register for the publication of the security. Mortgages are governed by specific legislation, which is mainly contained in the Mortgage Act, but also in the Russian Civil Code. A mortgage allows the borrower to obtain compensation for the debtor`s default under a guaranteed obligation in principle, primarily over unsecured creditors.