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The Law Of Mortgage Banking

Original Language Title: Laki kiinnitysluottopankkitoiminnasta

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Law on mortgage lending operations

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law provides for the right to engage in a mortgage lending activity and the requirements and enforcement of such activities.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Mortgage lending operations A business in which the collateralised bonds referred to in this Act are issued; however, the mortgage lending business shall not be regarded as a business which only issued Bonds with no collateral other than a guarantee by the public entity;

(2) On the property insurance Credit :

(a) credit, which is collaxed mainly by the Article 16 (1) of Chapter 16 Or, in accordance with Article 19 (1) of Chapter 19, the fixing of a mortgage or a housing (1599/2009) in Chapter 1, Article 2 The shares, the shares or the equivalent of the shares, the shares or the right of residence, or the collateral held in the State of the European Economic Area belonging to the European Economic Area ( Mortgage credit ); and

(b) any credit secured by a mortgage, a mortgage company or a housing limited company which qualifies for the management of office holdings under Chapter 16 (1) or (19) of Chapter 19 of Chapter 19 of the National Guard for Business or office use; A share of a mutual real estate company or a security equivalent to the collateral listed in the State of the European Economic Area ( Commercial real estate );

(3) Public body credit Credit granted to the Finnish State, to the Finnish municipality, or to any other public body which, in accordance with the capital adequacy requirements of credit institutions and investment firms, and Regulation (EU) No 575/2013 of the Parliament and of the Council ('the EU Capital Requirements Regulation , the calculation of the solvency requirement laid down in the calculation of the solvency requirement shall be equivalent to the Finnish State and the Finnish municipality, and the credit to which the guarantee is secured by the guarantee of the public entity referred to in this paragraph or from such a public entity; (88/2014/620)

(4) The intermediate category Any credit granted by a mortgage bank to the deposit bank or to the credit entity under the conditions laid down in Article 8;

(5) With covered bonds A bond issue which, in accordance with the provisions of this law, is secured by a bond or a public lending facility registered in the bond register;

(6) Mortgage lending bank Of the Law on credit institutions (610/2014) Article 7 of Chapter 1 A credit institution, as referred to in paragraph 1, which does not engage in any business other than the mortgage lending business; (88/2014/620)

(7) Deposit bank The credit institution referred to in Article 8 of Chapter 1 of the Law on Credit Institutions; (88/2014/620)

(8) Credit community The credit institution referred to in Article 10 of Chapter 1 of the Law on Credit Institutions; (88/2014/620)

(9) The issuer A mortgage bank or a depositary or a credit institution which has the right to engage in a mortgage lending business.

ARTICLE 3
Other applicable legislation

The mortgage lending bank shall be governed by the Companies Act (1024/2006) , commercial banks and other public limited credit institutions (2002) And the law on credit institutions, unless otherwise provided for in this Act.

§ 4
Control

Compliance with this law and the provisions adopted thereunder shall be subject to supervision by the Financial Supervisory Committee.

Chapter 2

Mortgage lending bank

§ 5 (88/2014/620)
Approval of the mortgage bank

A credit institution's authorisation may be granted to a credit institution within the meaning of Article 7 of Chapter 1 of the Law on the operation of credit institutions, which fulfils the conditions laid down in this Act.

ARTICLE 6
Operations

Only the mortgage credit bank may use the word "mortgage credit bank" in its business name or otherwise.

§ 7
Authorised business

The mortgage credit bank shall not engage in any business other than grant and acquire mortgage-backed credit, intermediate and public credit, and engage in activities closely related to such business. The mortgage credit bank shall not own any other than real estate, shares and units whose ownership is necessary for the business of the mortgage bank.

In addition to the provisions of paragraph 1, the assets of the mortgage bank shall be invested only in the assets to which the solvency requirement laid down in the EU Solvency Regulation is calculated pursuant to Article 113 of that Regulation. Apply a risk weighting of 0 % or 20 %. In addition, funds may be invested in other securities markets (746/2012) Chapter 2 of Chapter 2 Securities other than those referred to in paragraph 2 and referred to in paragraph 3 which are traded on a regulated market or an application for trading on a multilateral trading platform or In the third country of the trading subject. (88/2014/620)

However, the mortgage credit bank may own shares and shares in the residential and real estate company which have been held to the hold of the mortgage bank as collateral.

§ 8
Intermediating

A mortgage lending bank may grant credit to a deposit bank or credit institution under the following conditions ( Brokering ):

(1) the entry of an intermediate credit shall be entered in the bond register of the mortgage bank and covered by covered bonds in the bond register in accordance with the provisions of Article 12-Articles 12 to 14 and Article 16. In accordance with the guarantee requirements;

(2) the mortgage bank or its bankruptcy has the right to obtain the value of the bond register, on the basis of an intermediate credit, on the underlying credit or public credit institution's credit, through the payment of the credit or the payment of the credit; Under the terms of the terms of the covered bond or the liquidation or bankruptcy of the mortgage bank;

(3) In the case of the debtor's assets entered in the bond register, the provisions of the law on the guarantee and the lien (361/1999) § 28-30 Provides for the provision of a guarantee and Article 40 provides for a transfer of foreign debt, while at the same time the possibility of retroactive recourse to the debtor must, as a matter of priority, be offset against an intermediate record;

(4) the mortgage bank shall have the right to use intermediate payments for the purpose of payment of the obligations arising from covered bonds exclusively for the purpose of payment of the obligations arising from the collateralisation of the debtors' collateralised credit or the public The retroactive effect of payment or disposal until all covered bonds are fully paid for; and

(5) Whereas, on the basis of an evidentiary balance, the credit and public sector credit listed in the bond register may be removed from the register and free from the obligor to the debtor only in the same proportion as the capital has been shortened.

The mortgage credit bank shall not, without the authorisation of the Financial Supervisory Board, disclose or withdraw from the debt of the mortgage bank and shall not be subject to any security measure. The anti-ban extradition or pledge is ineffective.

§ 9
Mergers, distribution and transfer of business

A mortgage lending bank may merge with another mortgage bank or a deposit bank or credit institution which has received the authorisation referred to in Article 10. In the case of distribution and business transfer, the mortgage lending bank may transfer its assets within the meaning of Article 12 to another mortgage bank, deposit bank or credit institution.

Chapter 3

Mortgage lending activity

ARTICLE 10
Arbitration of mortgage lending activities

Financial supervision may grant an application to a deposit bank or a credit entity that fulfils the conditions laid down in this Act, authorisation of a mortgage lending business. The deposit bank, the credit entity or the credit institution authorised in accordance with Article 5, other than the authorised depository referred to in this paragraph, shall not engage in any mortgage lending activity and shall not use the issuing Debt securities referred to as "covered bonds" or "mixed debt".

The applicant shall submit to financial supervision in addition to its statutes or its operating rules, an explanation of:

(1) that mortgage credit banking is carried out in accordance with this law and the provisions adopted pursuant thereto;

(2) its business plans for the mortgage credit banking business;

3) that the credit institution's activities are stable and that its financial position and operational capacity are sufficient to ensure the repayment of covered bonds;

(4) the fact that the applicant has the skills and expertise required by the mortgage lending business;

(5) the fact that the applicant's risk management and control methods are at the level required by the mortgage lending activity;

(6) the principles and procedures for the valuation of collateral; (88/2014/620)

(7) that the applicant's bond register meets the requirements laid down; (88/2014/620)

8) the objective referred to in Article 17 (5) of the Law on Credit Institutions. (88/2014/620)

The authorisation referred to in this Article shall, in addition to the provisions of paragraph 1, stipulate that the objective referred to in paragraph 2 (8) does not jeopardise the refinancing of the credit institution's business activities other than the mortgage lending business. (88/2014/620)

Financial supervision may provide more detailed provisions on the authorisation procedure.

ARTICLE 11
Supervision of mortgage lending activities

Financial supervision is supervised by the mortgage lending activity under this Act. Financial supervision has the right to lay down provisions on risk management and internal control over mortgage credit banking.

Where the activity of a deposit bank or credit institution authorised by a credit institution does not comply with the provisions of this law or the terms of a financial supervision authorisation, the financial supervision shall set a time limit within which the authorised The deposit bank or the credit entity shall comply with the financial supervision requirements. If the requirements are not met within the prescribed period, the financial supervision may cancel the authorisation of a deposit bank or credit institution to carry out mortgage lending operations.

Chapter 4

Guarantees

ARTICLE 12
Guarantees for covered bond

In the case of covered bonds, the collateralised loans covered by the bond register referred to in Article 20 shall be collateralised by loans secured by mortgages covered by the covered bonds, public debt and eligible collateral in accordance with Article 15, unless The collateral is included as collateral for covered bonds identified in the register.

The issuer and the debtor cannot, without the authorisation of the financial supervision, dispose of and refrain from collateralised mortgages on real estate collaterals and credit institutions. The anti-ban extradition or pledge is ineffective. The credit document or the information system in which mortgage-backed credit and public sector credit is managed shall be imprinted on the fact that the credit is provided as collateral for the covered bond.

The collateral entered in the register of the issuer or the debtor covered by this Act in accordance with this Act shall not be covered by the law of the (758/1991) § 14 Based on.

ARTICLE 13
Currency currency

The collateral entered in the bond register referred to in Article 20 of the covered bond shall be denominated in the same currency as the covered bond. For the purposes of this Article, account shall also be taken of derivative contracts for the protection of covered bonds and their assets.

ARTICLE 14
Requirements for the real estate collateral and its collateral

Real estate collateral shall not exceed the fair value of the underlying shares or property, as collateral for the covered bond. The fair value shall be assessed in accordance with good real estate assessment in accordance with the financial supervision of the financial supervision credit institution and the provisions of the credit risk management. Real estate loans and real estate loans amounting to more than eur 3 million in mortgage loans and real estate loans shall be sourced in real estate funds (143/1997) The opinion of a property assessor approved by an independent and non-independent Central Chamber of Commerce.

The issuer shall regularly monitor and verify the value of the underlying shares or real estate in accordance with the prudential requirements of credit institutions and the provisions of credit risk management.

If the security of the covered bond does not meet the requirements of this Act, the financial supervision shall set a time limit within which the issuer shall obtain additional legal collateral. If the issuer does not comply with the security requirements within the deadline set, the financial supervision may cancel the issuer's authorisation for mortgage lending.

§ 15
Full securities

The following total collateral security may be used provisionally as collateral for the covered bond:

(1) bonds and other debt instruments issued by a credit institution belonging to the State, the municipality or any other public entity or other non-issuer;

(2) the originator guarantee provided by the public body or credit institution referred to in paragraph 1;

(3) the law on the supervision of financial and insurance groups other than the issuer (699/2004) The credit insurance provided by the insurance company belonging to the group referred to;

(4) the issuer's own funds deposited by the issuer of its own bank or deposit bank; if the issuer is a deposit bank, the deposit may not be in a deposit bank belonging to the same consolidation group with the issuer.

Full security may be used temporarily in situations where:

(1) mortgage-backed credit or public interest loans have not been granted or registered as collateral for covered bonds; or

(2) the total amount of collateral does not otherwise satisfy the conditions set out in Article 16 or 17.

The amount of the total collateral referred to in paragraph 1 shall not exceed 20 % of the sum of all the collateral recorded in the register, subject to the fact that exposures to credit institutions do not exceed 15 % of the total collateral The sum of the total amount. The financial supervision may, on application by the issuer, be allowed to derogate from that restriction for a limited period.

ARTICLE 16
Requirements for total collateral

For the purposes of the application of this Article and Article 17, the total amount of collateral for covered bonds shall be calculated:

(1) up to 70 % of the fair value of the shares or real estate covered by each mortgage credit;

(2) up to 60 % of the fair value of the shares or property of each commercial property credit; and

(3) the book value of the public debt and the full collateral.

The total amount of the collateral shall not be counted as intermediate credits or credits entered in the bond register which, according to the provisions of the financial supervision, shall be recognised as non-performing credits.

The total amount of collateralised bond collateral is required to continuously exceed the aggregate outstanding amount of covered bonds.

The total amount of securities covered by covered bonds shall be continuously exceeded by at least 2 % of the aggregate present value of the payment obligations arising from covered bonds. The total amount of collateral is calculated on the basis of the mortgage-backed loans and general government credits entered in the debtors' bond register. For the purposes of calculating the current value of real estate loans, payments shall be taken into account in proportion to the total amount of collateral. For the purposes of calculating the total amount of collateral, account shall also be taken of the derivative contracts entered in the bond register for the protection of covered bonds and their assets. Financial supervision may provide more detailed provisions on the calculation of the present value.

At least 90 % of the value of the total amount of collateral shall be loans or full collateral security, unless otherwise specified in the terms of the bond loan.

In the case of covered bonds, the bond register shall constitute an important non-financial asset-backed credit or general government credit in such a way as to exceed the total amount of collateral for the collateralised credit. The amount of capital that is constant.

§ 17
Requirements for liquidity

The issuer shall ensure that the remaining average maturity of covered bonds is not longer than the remaining average maturity of the loans entered in the bond register referred to in Article 20.

In addition, the issuer shall ensure that the aggregate amount of the total amount of the funds to be calculated over a period of 12 consecutive calendar months is sufficient to cover the The aggregate amount of interest payable to bond holders for interest and derivative contracts. The provisions laid down in this paragraph also apply to derivative contracts for the protection of covered bonds and their assets. In the event of bankruptcy or liquidation of a mortgage bank or an arbitrator, the mortgage credit bank may, as an alternative, calculate the interest accruing from the assets of the collateral with regard to the collateral provided by the debtor. On the basis of interest rates.

Financial supervision may provide more detailed provisions for the application of this Article.

ARTICLE 18
Derivatives contracts for mortgage lending

In the case of mortgage lending transactions, derivative contracts may only be concluded for the protection of risks.

The covered bond may contain a condition whose effect on the cash flow of covered bonds, such as the cash flows of the derivative contract, only if a derivative contract has been concluded for the protection of the risk.

Financial supervision may provide more detailed provisions for the application of this Article.

§ 19 (88/2014/620)
Financial statements and interim reports

In addition, the issuer's financial statements shall include the amount of loans granted under Chapter 12 of the Act on the operation of credit institutions, the amount of credit and public credit, as well as the amount of The number of covered bonds as well as the criteria for the valuation of collateral and arbitrators in mortgage-backed loans. In addition, if the issuer is obliged to use the real estate agent referred to in Article 14, the financial statements shall also indicate the real estate valuers used.

Under Article 12 of Chapter 12 of the Law on Credit Insurance Act, the mortgage bank is subject to the obligation to publish the interim report and the annual review.

Chapter 5

Public register register

§ 20
Public register register

The issuer shall keep a register of the covered bonds issued and their collateral.

The register shall indicate each of the covered bonds issued:

(1) the nominal value of the loan and the remaining capital;

2) the interest or interest rate on the loan;

3. Repayment period of the loan;

(4) the amount of the loans;

(5) the nominal value of the quotes;

(6) In addition, the aggregate nominal value of the loans secured by the loan collateral and the nominal value of the general government credit and the remaining capital; if the aggregate book value of the loans is lower than the nominal value, it must also be reported: The book value;

(7) the collateral provider, the species, the nominal value or the amount of the loan, the amount and the duration of the loan, and the name of the credit institution which received the debt instrument or the depository;

(8) Items related to the loan, the nominal values of the intermediate credit and the remaining capital.

The mass loan register shall be marked as collateral for covered bonds as collateral for future real estate collateralised credit and public entity credit:

1) a credit number enabling the credit to be identified;

(2) the nominal value of the credit and the remaining capital;

(3) repayment period;

4) the interest rate or the interest rate.

In addition, the collateralised loan-backed credit is significant:

(1) the fair value of the underlying shares, the property or the corresponding subject;

(2) how much is 70 % of the value of the mortgage and 60 % of the value of the shares or property secured by the commercial real estate loan, if the principal is greater than that;

(3) in the event of transfers of shares, real estate or similar assets, the name of the bank which has received the deposit and the deposit capital and the account number of the depository of the deposit.

In the case of covered bonds, all assets entered in the register shall be equal to the security of the covered bonds, unless the collateral is included as collateral for the covered bond. In addition, where the property security credit, public credit or full security is secured as collateral for the covered bond, the register shall also indicate the covered bond with which these securities are lodged.

ARTICLE 21
Registration of derivative contracts in the bond register

In order to protect the risks arising from covered bonds or their underlying assets, derivative contracts shall be entered in the bond register. The register shall contain at least the following information on each derivative contract:

1) the number to enable the contract to be identified;

2) the type of contract;

(3) the contracting party;

(4) the beginning and end date;

5) in the currency of the contract.

§ 22
Maintenance of a mass loan register

The data in the bond register shall be registered at the latest at the following bank opening day on the issuance of covered bonds and the provision of a secured credit or public entity credit or a full guarantee Procuring. Changes in the files shall be entered in the register without delay. There must be a record of the issue of a mass loan register which cannot be changed retrospect.

Credit, intermediation and public credit shall be removed from the register when they have been fully paid. In addition, the credit shall be removed from the register if, after the change or removal of the security, it can no longer be considered as a real estate guarantee. In addition, real estate security credit, intermediation, public credit and full security may be removed from the register if, after removal or transfer, the total amount of collateral recorded in the register covered by covered bonds is sufficient to fulfil Requirements laid down in the law and on the terms and conditions of the covered bond.

In the case of a covered bond with a covered bond, a bond with a bond with a bond, public corporation credit and a guarantee of full collateral may be removed or transferred as collateral for the second covered bond if the covered bond is secured as collateral. The value of the underlying mortgage-backed loans and general government loans, and the amount of the total collateral after removal, exceeds the outstanding amount of the loan, and the requirements based on the loan terms or credit rating of the covered bond; Are fulfilled.

ARTICLE 23
Changes in the mortgage-backed credit, non-financial or public lending

The registration of mortgage-backed credit or public access to the covered bond shall not prevent the mortgage bank, the deposit bank, the credit community and the debtors' debtor from the early payment of the credit, the credit terms and Any changes to the debtor or the collateral to be reimbursed by means of another guarantee under this law and without prejudice to the rights of the mortgage bank, the deposit bank or the credit institution.

Chapter 6

Full-loading

§ 24
Prohibition of exodus, seatings and spawning

In the case of covered bonds as collateral, bond-backed credit, public credit and full security shall not be foreclosed by the mortgage bank, the deposit bank or the credit institution, and shall not be subject to: A precautionary measure.

The debt shall not be settled in the issuer's liquidation or in the event of bankruptcy of the covered bond with the subscribed capital account, or against the public lending facility, in so far as this is covered by the In the case of a payment entitlement under Article 25 of the bond holders, and not against intermediate credit, unless otherwise provided for in this Act.

ARTICLE 25
The status of covered bonds in the issuer's liquidation and bankruptcy

Notwithstanding the liquidation and bankruptcy of the issuer, the covered bond shall be paid as collateral for the entire covered bond, under the terms of the contractual terms, from the subscribed capital of the bond register prior to any other claim. Assets covered by the liquidation or bankruptcy of covered bonds shall be entered in the register as collateral for these covered bonds. In addition, covered bonds are covered by Article 24, paragraph 2, paragraphs 26, 28 and 29 of this section. In the event of a covered bond, the bankruptcy of the bank, the deposit bank and the credit community is subject to the bankruptcy law. (120/2004) in Chapter 12, Article 17 Provides.

In the case of mortgage collateralised loans covered by the total amount of collateralised loans covered by the covered bonds, the payment privilege under this Article shall be limited to the amount of credit corresponding to 70 % for mortgage credit And in the case of commercial real estate loans, 60 % of the value of the bond issue of the underlying shares or of a real estate in the liquidation or bankruptcy of the issuer.

A mortgage credit bank which is in liquidation or its bankruptcy has the right to obtain the value of the bond register in respect of a real estate collateralised credit or a public entity credit in accordance with the terms of the credit Of recovery or disposal carried out. These accrued contributions shall be entered in the bond register in accordance with paragraph 1.

As regards the repayment of the covered bond, the same applies to derivative contracts entered in the bond register and to the safeguarding of liquidity referred to in Article 26 (4). With the holders of covered bonds, counterparties and creditors of derivative contracts shall have equal access to the payment of the covered bond as collateral for the funds entered in the register and the associated payments.

§ 26
Insurance management during liquidation and bankruptcy of the issuer

Where an issuer is set up in liquidation or bankruptcy, the financial supervision shall be issued without undue delay by the Article 29 (878/2008) An agent to supervise the interests of creditors of covered bonds and of comparable creditors and to exercise the right to speak on their behalf. In particular, the client shall monitor the management and transfer of assets covered by covered bonds, as well as the payment of contractual payments to covered bond holders. The appellant must have sufficient knowledge of financial and legal issues in relation to the quality and scope of the task. By the way, the text of Article 29 of the Law on Financial Supervision is applicable to the client, unless otherwise specified below.

At the request of the agent or with the consent of the agent, the manager shall, in order to protect the risks arising from the covered bonds and their underlying assets, the necessary derivative contracts and, where appropriate, sell a sufficient number of Debt securities for the purpose of carrying out obligations related to the covered bond.

In addition, the administrator may, with the permission of the Financial Supervisory Authority, transfer the exposure from the covered bond and its underlying assets to the other mortgage bank, the deposit bank, or the other covered bond issue. The credit institution or any operator authorised abroad, subject to the terms of the covered bond, subject to the terms of the covered bond.

At the request of an agent, or with the consent of the agent, the administrator shall have the right to terminate or transfer the derivative contract to a third party if the underlying assets are transferred or converted into money and is justified for risk management purposes; and The right to submit collateral to the counterparties to derivative contracts in the interest of the holder of the covered bond. The administrator shall also have the right to make contractual arrangements and to take recourse to the marginal lending facility at the request or with the consent of the agent.

Where the requirements of Articles 16 and 17 on the total amount of securities covered by covered bonds cannot be fulfilled, the administrator shall, at the request of the agent or with the consent of the trustee, claim the covered bonds and sell for their payment each The assets secured by the covered bond.

At the request of the agent or with the consent of the agent, the administrator shall require the issuer to sell to the issuer the collateralised bond collateralised by the issuer covered by this covered bond, or by public bodies, in such a way that: Without prejudice to Article 24 (2), the consideration shall be given, in part or in part, against the credit claim of the issuer. In accordance with the requirement of the administrator, the obligor shall, where necessary, sell to a third party an adequate amount of the issuer's covered bond for the purpose of carrying out obligations relating to the covered bond.

§ 27
Transfer of collateral to bankruptcy

The administrator may, with the consent of the trustee, disclose the collateral entered in the bond register in the event of bankruptcy only if the value and the present value of the total amount of the total collateral exceed the aggregate amount of covered bonds. And it is obvious that the collateral to be disclosed is not necessary to fulfil the contractual, derivative or contractual obligations of covered bonds.

The administrator shall give up the amount exceeding the payment entitlement referred to in Article 25 for the payment of the mortgage credit, as referred to in Article 25.

As regards the transfer of collateral to the estate of bankruptcy, it also applies to the debtors' debtor.

ARTICLE 28
Management of collateral during the liquidation and bankruptcy of the debtor

Where the debtor has been liquidated or declared bankrupt, the financial supervision shall be issued without delay by an ombudsman in accordance with Article 29 of the Law on Financial Supervision, to supervise the issue of the issuance of a mortgage credit bank The interest of the covered bond holders and the power to speak for them. The client shall monitor, in particular, the management and transfer of assets covered by covered bonds, as well as the payment of contractual services to the creditors of covered bonds and to other comparable entities. Without prejudice to the debtor's liquidation and bankruptcy, the covered bond shall be paid for the maturity of the entire covered bond, in accordance with contractual terms, from the subscribed capital of the covered bond register, before any other , in addition to the provisions on payment entitlements under Article 25, where applicable.

At the request of the agent or with the agreement of the trustee, the administrator shall be in liquidation with the debtor:

(1) the sale to the issuer of the collateral covered by this covered bond is covered by mortgages on real estate collaterals or by public bodies, in such a way that the consideration is given in Article 24 (2), notwithstanding Article 24 (2) In part or in full;

(2) where necessary, sell to a third party an adequate amount of the securities covered by the issuer's covered bond in order to fulfil its obligations relating to the covered bond.

§ 29
Cash assets in connection with the liquidation and bankruptcy of the issuer

The assets covered by the issuer's liquidation or bankruptcy after the start of the liquidation or bankruptcy of the issuer shall be entered in the bond register. The credit referred to in Article 26 (4), as referred to in Article 26 (4) of the credit institution, the deposit bank or the credit institution or the liquidation of the credit institution, shall be entered in the bond register. The register shall indicate in each bank account the credit institution in which the bank account is, and the account number and, in respect of each credit, the credit institution, the credit number and the rated value of the credit. In addition, the register shall include an important covered bond to which the above item is addressed.

ARTICLE 30
Role of derivative contracts in the issuer's liquidation and bankruptcy

Subject to the conditions of the derivative contracts, the obligations arising from derivative contracts shall be fulfilled for the issuer in accordance with the terms of the contract, without prejudice to bankruptcy or liquidation. The assets accruing to the issuer under derivative contracts after the liquidation or bankruptcy shall be subject to the provisions of Article 29 on the security of covered bonds.

Chapter 7

Damage and penalties provisions

ARTICLE 31 (18/09/1230)
Obligation to pay damages

The liability of the shareholder of the mortgage credit bank, the Board of Directors and the member of the Board of Directors and the Executive Director shall be governed by the law on the activities of the credit institution and the statutory auditor's liability Audit law (17/01/2015) . For the purpose of bringing an action for damages on behalf of the mortgage bank, the (624/2006) Articles 6 to 8 provide.

L to 13/2015 Article 31 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 31
Obligation to pay damages

The liability of the shareholder of the mortgage credit bank, the Board of Directors and the member of the Board of Directors and the Executive Director shall be governed by the law on the activities of the credit institution and the statutory auditor's liability Audit law (209/2007) . For the purpose of bringing an action for damages on behalf of the mortgage bank, the (624/2006) Articles 6 to 8 provide.

ARTICLE 32
The mortgage bank account

Every

(1) engage in mortgage lending operations without authorisation;

(2) in breach of Article 6, use the word 'mortgage credit bank' or, in breach of Article 10, the term 'covered bonds' or 'collateralised debt', or the term 'collateralised',

(3) calculate the bond issue, as provided for in Articles 14 and 15, for the securities of such a bond or

(4) deliberately mismarking the bond register or intentionally neglecting the entry required by this law;

Shall be condemned, if the act is not minor or otherwise provided for by law, On the mortgage bank crime Fine or imprisonment for a period not exceeding six months.

Chapter 8

Entry into force and transitional provisions

§ 33
Entry into force

This Act shall enter into force on 1 August 2010.

§ 34
Transitional provisions

This Act repeals the mortgage bank loan (12,1999) .

The provisions of this law shall not apply to bonds issued before the entry into force of this Act or to derivative contracts entered in the register. Unless otherwise agreed, the relevant provisions of Articles 9, 9a and 17 of the repealed Law shall continue to apply. On this point, the bond issue must be recorded in the bond register, which should not be changed.

Within six months of the date of entry into force of this Act, the mortgage lending bank which, when the law enters into force, shall carry out a mortgage lending activity shall be subject to the provisions of Chapter 5 of this Act.

The measures necessary for the implementation of this law may be adopted before the law enters into force.

THEY 42/2010 , TaVM 12/2010, EV 112/2010

Entry into force and application of amending acts:

8.8.2014/6:

This Act shall enter into force on 15 August 2014.

THEY 39/2014 , TaVM 6/2014, EV 62/2014, Directive 2013 /36/EU of the European Parliament and of the Council (32013L0036); OJ L 176, 27.6.2013, p. 338-436 Regulation (EU) No 575/2013 of the European Parliament and of the Council (32013R0575); OJ L 176, 27.6.2013, p. 1-337

18.09.2015/12:30

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014