Selected Decisions and Selected Documents of the IMF, Thirty- Eighth Issue -- New Arrangements to Borrow—Transferability of Claims

Prepared by the Legal Department of the IMF
As updated as of February 29, 2016

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ARTICLE VII
Borrowing

NEW ARRANGEMENTS TO BORROW—TRANSFERABILITY OF CLAIMS

Pursuant to paragraph 13 of the New Arrangements to Borrow (NAB), the Fund consents in advance to the transfer of outstanding claims to repayments under the NAB on the terms and conditions set out below:

  • 1. All or part of any claim under the NAB may be transferred at any time to a participant in the NAB.

  • 2. As from the value date of the transfer, the transferred claim shall be held by the transferee on the same terms and conditions as claims originating under its credit arrangement, except that the transferee shall acquire the right to request early repayment of the transferred claim on balance of payments grounds pursuant to paragraph 11(e) of the NAB only if, at the time of the transfer, (i) the transferee is a member, or the institution of a member, whose balance of payment and reserve position is considered sufficiently strong for its currency to be usable in net transfers in the Fund’s operational budget; or (ii) the transferee is the institution of a nonmember, and the balance of payments and reserve position of the nonmember is, in the opinion of the Fund, sufficiently strong to justify such acquisition.

  • 3. The price for the claim transferred shall be as agreed between the transferee and the transferor.

  • 4. The transferor of a claim shall inform the Fund promptly of the claim that is being transferred, the name of the transferee, the amount of the claim that is being transferred, the agreed price for transfer of the claim, and the value date of the transfer.

  • 5. The transfer shall be registered by the Fund if it is in accordance with the terms and conditions of this decision. The transfer shall be effective as of the value date agreed between the transferee and the transferor.

  • 6. If all or part of a claim is transferred during a quarterly period as described in paragraph 9(c) of the NAB, the Fund shall pay interest to the transferee on the amount of the claim transferred for the whole of that period.

  • 7. If requested, the Fund shall assist in seeking to arrange transfers.

  • 8. This decision shall become effective on the date of effectiveness of the NAB.

Decision No.11429-(97/6),

January 27, 1997

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