What is the basis for the security of loans for development projects?
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Each investment project submitted by developers is subject to an in-depth legal and structural analysis, (due-diligence) carried out by the renowned law firm KRW Legal Krzysztof Rożko and Partners. The subject of the building permits obtained and their legitimacy, the state of the mortgage of the property being pledged, the copyright to the construction and architectural project, the legal structure, the balance sheet and the profit and loss account of the special purpose. Only a positive audit assessment allows further work on the project.
Crowder.PRO uses a proprietary and unique scoring system to test the investment risk vs. profit attractiveness of an investment project. Within the system, parameters related to:
The scoring system conducts two types of analysis: statistical data and dynamic data.
Static analysis: Analyses data retrieved at a specific point in time. The data relate to the contractor of the project and its guarantees and in particular the indicators related to:
Dynamic analysis analyses data that can take place throughout the life of a project. We look at the first indicators of pre-rental (for commercial projects) or pre-sale (for housing projects), planned profitability (ROI or internal rate of return of IRR), construction costs. As a result, each project analysed by Crowder's analitycal team asses an attractiveness of each loan project rating from A ? high attractiveness /low risk project, to E ? low investment attractiveness/high risk project.
More about scoring Crowder.PRO system? here
Any project that is submitted for user funding is Crowder.PRO a triple-security system. The system is based on:
4.1 BANK TRUST ACCOUNT
Lenders funds - are never transferred directly to the developer's account, but to a special trust account maintained by the selected trusted bank (BNP Paribas France). The trust bank shall activate the tranches of financing only after the business objectives agreed with the developer have been achieved, e.g. after obtaining the conditions of development (WZ), the final building permit (PoB), obtaining debt financing from the bank, completing the agreed stages of construction, etc. By using a trust account, the investment risk of lenders is reduced, e.g. the project is not completed on time.
4.2 LOAN COLLATERAL SYSTEM AND INSTITUTIONS
The loan collateral system used in Crowder.PRO consists of the following legal institutions in Polish law system:
Mortgage security is one of the best ways to secure payment. It is a security in kind which is established on the property, exists regardless of who owns the property in question (that is, even if the owner/perpetual user of the property establishing the mortgage sells the mortgaged property, it continues and the creditor can claim his claim from the current owner of the property). A necessary condition for its creation is an entry in the land register. In so time, it is not necessary for the borrower himself to establish the mortgage ? it may also be established by another entity of the so-called debtor in kind, acting on behalf of the personal debtor ? the borrower.
One form of collateral, colloquially referred in Poland to as the 'three-sevens security', is to be
provided for in Article 13(1)(b) of Regulation (EC) No 1782/2003. 777 KPC (Kodeks Postępowania Cywilnego, Act of Civil Code). In practice, a 'three sevens' security means that, on the basis of a notarial deed ? enforceable by a court ? the creditor has the right to take action to recover his money, i.e. to initiate enforcement, without having to initiate proceedings before a court in advance, which is always a lengthy and costly process.
The transfer of collateral involves the transfer of ownership of a particular thing from the borrower to the lender at the stage of concluding the loan agreement.
A bill of exchange security is the securing of a loan or other obligation with a bill of exchange (security) which obliges or is an order for payment of a specified amount of money. A bill of exchange is a very accessible form of securing a loan, as evidenced by its ease of preparation and the effectiveness of enforcement. By signing a blank promissory note issued to a financial institution, the borrower undertakes that, when certain circumstances arise, the paper will be completed by the holder (lender) and he/she will be obliged to repay the amount entered on the bill of exchange. The bill of exchange can also be guaranteed. Awal - as the letter of guarantee is called, significantly increases the value of the document and imposes on the guarantor the same responsibility as on the person for whom he guaranteed.
It is important that the preparation of a bill of exchange does not require any specific form, it can be unseeded by own means, the only requirement guaranteeing its validity is the possession of certain characteristics provided for by law, i.e. it must include the amount of the bill of exchange, which is the sum to be paid. Such bill of exchange security may assist in the settlement of litigation concerning outstanding debts.
The registered pledge on the company's shares is one of the more effective tools of impact on the borrower. Such a lien consists in the fact that, in the event of the borrower defaulting on financial obligations arising directly from the loan agreement, the lender can satisfy himself by taking over his shares ? up to 100%.
This type of collateral is regulated by Polish Civil Code and the Act on registered pledges and the register of liens. On the basis of a registered pledge, the creditor has the right to claim the pledged movable property, even if the owner has changed.
Such an agreement constitutes a specific form of collateral for the loan. If the loan agreement is secure, the debt will result in a claim for the conclusion of the promised contract. It is then a form of security transfer agreement which falls within the contractual freedom of the parties (Article 353 (1) kc). In practice, there is also a datio in solutum contract, which consists in the acquisition by the creditor, for example, of an asset such as the debtor's property or movable property, in order to extinguish the claim arising from another binding relationship. That is to say, the debtor, with the creditor's consent, performs a different service than that to which he was obliged.
In this form of collateral, the financial situation of the guarantors is important, since it must allow the borrower's commitment to be possibly applied. Such a guarantee is made on the basis of a contract, which is then concluded with a third party. This is to safeguard the interests of the lender in all, since, in the event that the borrower is unable to repay the borrowing, that obligation lies with the guarantor. In this case, a mandatory element is the declaration of the guarantor, who will commit to repay the loan. The lender is therefore to pursue its claims against the guarantor in the event of delays or complete cessation of repayment by the main borrower. Of course, the guarantor can provide the same security as the principal debtor ? i.e. he can, for example, establish a mortgage on the property or establish a bill of exchange security.
Regardless of the security applied, the entry on a mortgage of a property (financed or other) is always the primary security. Additional collateral depends on the specificity of the investment project.
4.3. AN EFFICIENT REPAYMENT MECHANISM
The Security Administrator is responsible for selecting, implementing and implementing security enforcement mechanisms. In Crowder PRO, the role of Loan Collateral Administrator is performed by lawyers from the law firm Krzysztof Rożko and Company KRW Legal, (www.krwlegal.pl), which was awarded
in the ranking of polish law firms of the best economic newsletter in Poland - "Rzeczpospolita" in the area of advising private clients (Private Clients) More about KRW Legal
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