Activities of Gilles LEBRETON related to 2018/0044(COD)
Legal basis opinions (0)
Amendments (9)
Amendment 26 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 28 #
Proposal for a regulation
Recital 16
Recital 16
(16) The claims covered by this Regulation are taken to mean: - trade receivables, - claims arising from financial instruments as defined in Directive 2014/65/EU on markets in financial instruments43f the European Parliament and the Council, - and cash credited to an account in a credit institution. Financial instruments as defined in Directive 2014/65/EU include: - securities (which are assets), - and derivatives traded on financial markets. While securities are assets, derivatives are contracts which include both (which are contracts including rights (or claims), ands well as obligations for the parties to the contract. _________________ 43Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173, 12.6.2014, p. 349–496).
Amendment 34 #
Proposal for a regulation
Recital 28
Recital 28
(28) Flexibility should be provided in the determination of the law applicable to the third-party effects of assignments of claims in the context of a securitisation in order to cater for the needs of all securitisers and facilitate the expansion of the cross-border securitisation market to smaller operators. Whilst the law of the assignor’s habitual residence should apply ais the default rule to the third-party effects of assignments of claims in the context of a securitisation, the assignor (originator) and the assignee (special purpose vehicle) should be able to, in exceptional circumstances, to waive the rule and choose that the law of the assigned claim should apply to the third- party effects of the assignment of claims. The assignor and the assignee should be able to decide that the third-party effects of the assignment of claims in the context of a securitisation should remain subject to the general rule of the assignor’s habitual residence or to choose the law of the assigned claim in function of the structure and characteristics of the transaction,is derogation is strictly regulated and may be justified: for example where the number and location of the originators and the number of laws which govern the assigned claims are such as to complicate excessively the application of the general principle.
Amendment 39 #
Proposal for a regulation
Article premier – paragraph 1 – subparagraph 1
Article premier – paragraph 1 – subparagraph 1
This Regulation shall apply, in situations involving a conflict of laws, to the third- party effects of assignments of claims in civil and commercial matters that are manifestly cross-border in nature.
Amendment 42 #
Proposal for a regulation
Article premier – paragraph 2 – point f a (new)
Article premier – paragraph 2 – point f a (new)
(fa) assignment of claims in the course of collective proceedings under Regulation (EU) 2015/848.
Amendment 51 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Unless otherwise provided for in this Article, the third-party effects of an assignment of claims shall be governed by the law of the country in which the assignor has its habitual residence at the material timetime at which the assignment of claims becomes effective against third parties.
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. TNotwithstanding paragraph 1 of this article, the law applicable to the assigned claim shall govern the third-party effects of the assignment of:
Amendment 58 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 67 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Effectiveness against third parties shall be subject to the overriding mandatory provisions of the law of the Member State where the assignment has to be or has been performed, insofar as those provisions render the assignment contract unlawful.