Calama, V. Meneses Falcão & Associados
Non-performing bank loan
European rules governing the sale and management of non-performing loan portfolios, transposed four years late.
Parliament approved Bill No. 10/XVII/1st, presented by the President of the Assembly of the Republic, which authorizes the Government to transpose Directive (EU) 2021/2167; this Directive harmonizes access to and management of non-performing bank loans and defines the requirements for acquirers of these loans.
This is legislation that should have been transposed into national law by December 28, 2021.
The Directive in question essentially pursues two objectives:
1. to develop the secondary market for the sale of non-performing loans, promoting conditions so that credit institutions can sell positions in this situation under more competitive circumstances.
2. to ensure that this transfer does not have any impact on the legal position of the debtor, and that the debtor is not placed in a less favorable position as a result of the transfer.
The proposed legislative authorization covers three interconnected areas, encompassing the subject of assignment, the management of assigned credits, and the centralization of credit responsibilities.