Annie Harvey
Senior Counsel
Annie is a Senior Counsel (Knowledge) in Taylor Wessing's Banking and Finance team.
Her role involves providing support and advice to fee earners within the Banking and Finance team, including the production of guidance on legal developments, the preparation and delivery of training, the development of internal and client facing knowhow, the production and maintenance of standard form documentation and the giving of advice on a range of banking and finance related queries.
Annie trained and qualified as a finance lawyer at Herbert Smith, then spent six years as an Associate then Senior Associate in their Finance Practice, including a year-long secondment to Herbert Smith’s alliance firm Stibbe in Amsterdam. After a career break, she gained training experience at BPP Law School in Holborn, teaching on the Debt Finance and Business Law & Practice modules of the LPC. She gained knowledge lawyer experience at CMS, working as a Professional Support Lawyer to the Finance Transactional Teams, from 2019 until she joined Taylor Wessing.
Practice Area
Panel
- Specialist Panel
Qualified Year
- 2001
Education
- MA, University of Cambridge (2:1)
2 Contributions by Annie Harvey
PRACTICE NOTES
Loan portfolio sales: documentation roadmap, seller and buyer negotiation points, and why LMA trade terms are unsuitable for portfolio disposals
This Practice Note sets out an overview of the principal legal papers used to bring a loan portfolio disposal to completion and highlights the usual negotiating stances taken by sellers and buyers. For a primer on loan portfolio disposals and a sample pathway these transactions often follow, see Practice Note: Introductory guide to loan portfolio sales. For an outline of some of the core matters that can arise on loan portfolio sales, see Practice Note: Loan portfolio sales—key issues. The market’s approach to documentation for portfolio disposals is not entirely uniform; however, over the last decade a number of recurring features and conventions have developed, which are considered in this Practice Note.
Key documents used in portfolio sales
The documents most frequently encountered in loan portfolio sales include:
Confidentiality agreements
Sale and purchase agreement
Disclosure letter
Sub-participation agreement/synthetic transfer arrangements
Hedging transfer documentation
Loan and equity transfer documentation
Transitional services agreement/third-party servicing agreements
Why is LMA form documentation not used?
...
Banking & Finance
PRACTICE NOTES
UK loan portfolio disposals: legal due diligence, transferability, security, derivatives/equity, confidentiality, restructuring, regulatory (EU NPL), tax and operational considerations
This Practice Note
This Practice Note reviews the principal issues that can emerge on a loan portfolio sale and that are likely to matter to banking law practitioners handling large-scale loan (and other financial product) disposals. For an outline of the usual participants and the sale process in a loan portfolio transaction, see Practice Note: Introductory guide to loan portfolio sales, and for an overview of the legal documentation typically deployed, see Practice Note: Loan portfolio sales—legal documentation. For additional insight into matters that may arise on single asset debt trades, see Practice Note: Introductory guide to loan transfers. Buyers and sellers alike should also assess whether the EU regime on non‑performing loans in Directive (EU) 2021/2167 and Implementing Regulation EU 2023/2083 is applicable. If it is, there will be specific supplementary obligations for buyers, sellers and ‘credit servicers’. There is, as yet, no corresponding legislation in force in the UK; however, while the EU rules attach to loans originated by EU banks, they also touch non‑EU purchasers of non‑performing loans, and therefore will influence the loan market, and market participants, outside the EU more broadly as well...
Banking & Finance
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