Posted on 9 September, 2022 - 11:36 | Category : .
The transfer to a société de crédit foncier of loans and exposures such as mentioned in article L.513-2 and of similar receivables is conducted by simply giving the transferee a receipt with the information required by decree. Notwithstanding the possible initiation of receivership, liquidation or amicable settlement proceedings against the transferor after the transfer, the transfer takes effect between the parties and becomes enforceable against third parties as of the date noted on the receipt when it is handed over whatever the date of creation, the maturity or the due date of the obligations, without any further formality and whatever the legislation governing the receivables and the legislation of the debtors’ country of residence. The handing over of the receipt implies the full transfer of securities, guarantees and other accessories attached to each loan and each exposure, including mortgage securities, as well as their enforceability against third parties without the need for any further formalities.
When the receivables result from a leasing contract, the occurrence of receivership, liquidation or amicable settlement proceedings of the transferor of the lease contract when the contract is in force does not compromise the pursuit of the lease contract.