I. FRAMEWORK
In Germany, the legal basis for covered bond issuance is the German Pfandbrief Act (PfandBG – Pfandbriefgesetz)
dated 22 May 2005. It supersedes the general bankruptcy regulation (§§ 30-36a of the Pfandbrief Act).
On 26 March 2009 amendments of the PfandBG came in force introducing a new Pfandbrief category, the Aircraft
Pfandbrief, and furthermore enhancing the attractiveness of Pfandbriefe for investors. Among many improvements,
a further liquidity safeguard has been implemented by introducing a special liquidity buffer of 180 days.
Further amendments came into force on 25 November 2010, on 1 January 2011 and 1 January 2014 in order to
strengthen the position of the special cover pool administrator. The last amendment of the PfandBG introduced
further transparency requirements in favour of Pfandbrief investors, to be applied from spring 2014 on.
In the end of 2014, legislation on transposing the BRRD into German law was published; this bill contained
further amendments of the Pfandbrief Act. The mayor issue is to provide the BaFin with the competence to
order higher minimum OC than the legal 2 % (cover add-on).
I. FRAMEWORKIn Germany, the legal basis for covered bond issuance is the German Pfandbrief Act (PfandBG – Pfandbriefgesetz)dated 22 May 2005. It supersedes the general bankruptcy regulation (§§ 30-36a of the Pfandbrief Act).On 26 March 2009 amendments of the PfandBG came in force introducing a new Pfandbrief category, the AircraftPfandbrief, and furthermore enhancing the attractiveness of Pfandbriefe for investors. Among many improvements,a further liquidity safeguard has been implemented by introducing a special liquidity buffer of 180 days.Further amendments came into force on 25 November 2010, on 1 January 2011 and 1 January 2014 in order tostrengthen the position of the special cover pool administrator. The last amendment of the PfandBG introducedfurther transparency requirements in favour of Pfandbrief investors, to be applied from spring 2014 on.In the end of 2014, legislation on transposing the BRRD into German law was published; this bill containedfurther amendments of the Pfandbrief Act. The mayor issue is to provide the BaFin with the competence toorder higher minimum OC than the legal 2 % (cover add-on).
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