Securitisation Act (Cap. 484)
Securitisation Act (Cap. 484), article 12
12. (1) It shall be lawful for future receivables of an
originator, including future claims against future debtors, to be the
subject matter of an assignment in favour of a securitisation
vehicle. Such an assignment shall be valid and effective if it
identifies at least one of the features of the class of receivables
being subject to the assignment from each of the Features A and
Features B, listed in subarticle (2), in order to enable any interested
party to reasonably determine which receivables are included in the
SECURITISATION [CAP. 484. 7
assignment and it shall not be necessary to specify the name of the
debtor or debtors, the date or the amount of any particular deb t.
(2) There shall be indicated as:
Features A -
(a) the type of debt or asset or contract giving rise to the
debt;
(b) the class or type of debtors;
(c) the assets, including future assets, which give rise to
the receivables; and
Features B -
(a) the time period during which the debt may arise;
(b) the repayment period when the debts may fall due.
(3) An assignment of one or more future receivables is deemed
to be effective at the time of the conclusion of the original c ontract
of assignment between the assignor and the assignee, without a new
act of transfer being required to assign each such receivable o n it
coming into existence.
(4) A notice of assignment duly given in terms of this Act at
the time of the securitisation transaction shall be valid and e ffective
in relation to the future receivable and need not be repeated o nce
the receivable comes into existence.
(5) It shall also be lawful for future receivables to be the
subject of any security collateral or title transfer collateral .
Form of
notification.
Cap. 16.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.