Assignment of Claim
by admin on Jul.21, 2008, under Banking
There are cases where it is impossible to recover debts and structural damage limitation is the non-recourse sale of non-performing.
What is this? This is about transfer of credits to obtain tax deduction. The company creditor must prove that they are unable in the collection of the claim or that the conditions for recovery are economically disadvantageous. These elements must be documented through a technical report assessing the financial condition of the debtor.
If the report shows not equivalent insolvency of the debtor, the creditor firm can opt for the simultaneous sale of non-performing loans to companies’ transferee.
The assignment of credit is structured in various ways, for example, may be without recourse or recourse. Examine them more closely. With the assignment of credit rights are transferred upon the payment of a fee or royalty free.
If sold on payment of a fee, the seller must guarantee the existence and validity of the right to credit. Where the sale takes place instead at no charge, the seller will respond to the transferee only to evictions. So that the supply is really effective you must notify the third party, the debtor, the assignment of the claim occurred.
The assignment is called recourse when the seller does not answer for any default by the debtor. Is that instead recourse when the seller meets the possible default by the debtor?
Finally, a particular assignment is the assignment of credit guarantee, a mechanism intermediate between the pledge of receivables and the sale recourse.