72. For the purposes of Article 21(8) of Regulation (EU) 2017/2402, the servicer should be …

For the purposes of Article 21(8) of Regulation (EU) 2017/2402, the servicer should be considered to have well documented and adequate policies, procedures and risk management controls relating to servicing of exposures’ where either of the following conditions is met:

• (a) The servicer is an entity that is subject to prudential and capital regulation and supervision in the Union and such regulatory authorisations or permissions are deemed relevant to the servicing;
• (b) The servicer is an entity that is not subject to prudential and capital regulation and supervision in the Union, and a proof of existence of well-documented and adequate policies and risk management controls is provided that also includes a proof of adherence to good market practices and reporting capabilities. The proof should be substantiated by an appropriate third party review, such as by a credit rating agency or external auditor.

5.7 Remedies and actions related to delinquency and default of debtor (Article 21(9))

Clear and consistent terms

For the purposes of Article 21(9) of Regulation (EU) 2017/2402, to ‘set out clear and consistent terms’ and to ‘clearly specify’ should be understood as requiring that the same precise terms are used throughout the transaction documentation in order to facilitate the work of investors.

5.8 Resolution of conflicts between different classes of investors (Article 21(10))

Clear provisions facilitating the timely resolution of conflicts between different classes of investors

1. Forbhreathnú

1.1 Tagairtí

• Article 21 8.
• Article 21 9.

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

3. Caighdeáin ghaolmhara

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