38th IBA International Financial Law Conference

10 May - 12 May 2023

Verdi Room, Dom Pedro Lisbon

Session information

Loan portfolio sales – servicing regulation and secondary markets
Verdi Room, Dom Pedro Lisbon

Committee(s)

Banking & Financial Law Committee (Lead)
Securities Law Committee (Lead)

Description

Loan sales have been used by banks as an important tool to clean up their balance sheets since the 2007–2008 financial crisis. Regulators have encouraged these sales aiming to drive down banks’ non-performing loan (NPL) ratios. Private equity funds have invested hundreds of billions of euro in this asset class giving rise to customer protection concerns because these funds are perceived to have different strategic aims compared to traditional bank lenders. In a fast-changing interest rate environment in 2023, increased volumes of loan sales are expected. 
This panel will discuss how loan sale transactions have evolved in different jurisdictions and what we might expect into the future. In particular, the panel will focus on the extent to which financial services regulation is shaping the market, including the regulation of non-bank credit servicers. 

Session / Workshop Chair(s)

Martin Ebner Schoenherr, Vienna, Austria; Chair, Banking Regulation Subcommittee
Josh Hogan McCann FitzGerald, Dublin, Ireland; Website Officer, Banking & Financial Law Committee

Speakers

Giuliana Durand Cappelli RCCD Studio Legale, Milan, Italy; Vice Chair, Derivatives Subcommittee
Rodrigo Formigal Abreu Advogados, Lisbon, Portugal
António Nogueira Leite Hipoges, Lisbon, Portugal
Angel Perez Lopez Uria Menendez, Madrid, Spain