Arrears in the case of transferred instruments

• Question ID: 2017/0010
• Date of publication: 09/08/2017
• Subject matter: Sold and transferred loans, Non-performing/defaulted or impaired instruments
• AnaCredit Manual: Part II
• Data attribute: Arrears for the instrument

Question

Could you clarify which amounts in arrears have to be reported by the transferor and the transferee in the case of an instrument that has been partially transferred from one observed agent (the transferor) to another observed agent (the transferee)?

Answer

The amount in arrears for the instrument is reported regardless of whether the instrument has been transferred or not. However, in the case of a partially transferred instrument, where both the transferor and the transferee are observed agents, the amount of arears which corresponds to the part being held by a specific observed agent is reported by that observed agent.

Please note that whether or not a (partial) transfer of an instrument includes the transfer of the arrears (and to which extent) depends on provisions of the contract between the parties involved in the transfer. This in particular means that if, for example, the contract between two observed agents states that only one of them bears the full amount of arrears, this fact has to be reflected in the reported data. Otherwise, in cases where the arrears are shared between the observed agents (e.g. pro rata), the amount in arrears corresponding to their share of the instrument is reported.