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AI Summary of Article 184 Requirements for purchased receivables
This document outlines the necessary risk parameters for institutions engaging in the purchase of receivables. It emphasises the importance of maintaining effective ownership and control over cash remittances, ensuring compliance with contractual terms, and safeguarding against potential legal challenges that may impede the liquidation of receivables.
Furthermore, institutions must monitor the quality of purchased receivables, conduct thorough due diligence on sellers and servicers, and implement robust internal policies to address any deterioration in credit quality. Regular audits and clearly defined processes are essential to ensure adherence to internal protocols and the effective management of credit risk within the receivables purchase programme.
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Article 184 Requirements for purchased receivables
1. In quantifying the risk parameters to be associated with rating grades or pools for purchased receivables, institutions shall ensure the conditions laid down in paragraphs 2 to 6 are met.
2. The structure of the facility shall ensure that under all foreseeable circumstances the institution has effective ownership and control of all cash remittances from the receivables. When the obligor makes payments directly to a seller or servicer, the institution shall verify regularly that payments are forwarded completely and within the contractually agreed terms. Institutions shall have procedures to ensure that ownership over the receivables and cash receipts is protected against bankruptcy stays or legal challenges that could materially delay the lender's ability to liquidate or assign the receivables or retain control over cash receipts.
3. The institution shall monitor both the quality of the purchased receivables and the financial condition of the seller and servicer. The following shall apply: