Articles by author
The third-country branch requirement, reverse solicitation and grandfathering: unresolved questions under Art 21c
Article 21c requires non-EU lenders to establish a locally authorised branch before providing core banking services within a Member State’s territory, replacing the patchwork of national regimes with a single EU-wide framework. However, key elements of CRD VI are drafted on a minimum-harmonisation basis and Member States have transposed the Directive with markedly different speed and rigour, meaning non-EU lenders continue to face a nuanced, jurisdiction-by-jurisdiction landscape. This article examines that landscape together with some particular challenges: the reverse solicitation exemption, the scope of grandfathering protections, and the meaning of carrying out activities “in the relevant Member State”.
26 SEP 2026From London to Berlin: insights on taking security over receivables in Germany
This article explores some of the complexities and key considerations for lenders and legal practitioners when taking security over receivables in Germany. We consider: (i) the types of security that can be taken over receivables and their key features/formalities; (ii) how to navigate contractual restrictions on transfer; (iii) potential pitfalls when taking security over receivables; and (iv) secured creditors’ priority when realising security over receivables in an insolvency.
30 SEP 2024
