OBJECTIVES

"Sequels are never any good" seems to be the motto of the credit market and bankruptcy legislation in Europe. Few companies and individuals are able to overcome a situation of insolvency, or regain access to the credit market. This situation has only been aggravated by the financial crisis of 2008. The inability to rebuild makes investment difficult, prevents job creation, and exacerbates systemic risk. The 11.4% of European citizens have excessive indebtedness, with difficulties in paying for basic services.

The EU has taken the initiative, with the proposed Directive on Preventive Restructuring Frameworks, Second Chance and measures to increase the effectiveness of the procedures for remission, insolvency and restructuring, published on 22 November 2016. However, any change directed to facilitate the debtor’s recovery generates its own risk in the form of a generalized increase in financing costs. This argument has served as a balm to calm the reformist momentum... until now.

Is it possible to improve access to credit and recovery of debtors, without excessive price increases? Many experts seem to suggest so, using arguments similar the ones used in the insurance market: to avoid price increases and adverse selection, premiums must be adjusted to the specific risk, for which more information is needed. Credit reporting systems would prevent private over-indebtedness by encouraging responsible lending, as reflected in Directives 2008/48, consumer credit, and 2014/17 EU on credit for residential property, or Consumer Financial Services Action Plan, COM (2017) 139 final.
The improvement of credit reporting systems would require controversial reforms, such as entities’ access to the financial information of individuals, including past payment behavior in the entity where the credit is requested, and in others. We are talking about the creation of positive solvency files.

Although the advantages of these files are clear, their creation would pose complex problems of personal data protection, a matter regulated by the General Regulation on Data Protection 2016/679, and which usually causes a great deal of restlessness. The alternative would be to allow market forces such as the Fintech to operate in the hope that they would generate open-ended models of credit information. This would not be less complex, as it would raise the same questions about customer protection and financial stability that continue to assault post-2008 Financial Market Law.

The complexity of the problem commands caution, but its urgency requires open and honest assessment, one that addresses the real problems and seeks solutions. This is the goal of this conference, which aims to create a first opportunity for debate and reflection, and gina clarity in the creation of a second opportunity for companies and citizens.

This conference’s goal is to reflect the new changes on natural persons’ insolvencies proposed by the European Union, and how they could impact in the functioning of the credit market so as to avoid, on the one hand, debtors’ who fail financial exclusion and, on the other, a generalized increase in the cost of credit for all applicants.

Directors

Matilde Cuena Casas. A professor of Civil Law. An accredited to Professor at the Universidad Complutense of Madrid. Vice-President of the Foundation "Hay Derecho".
Ignacio Tirado Martí. Professor of Commercial Law at Universidad Autónoma de Madrid.
David Ramos Muñoz. Professor of Commercial Law at Universidad Carlos III de Madrid.

Coordinator

José María Torres. President of Numintec.

Secretary

Camila Jaramillo. Lawyer; Ph.D. Candidate at Universidad Complutense de Madrid.

Sponsors

Numintec
Pluta Abogados y Administradores Concursales SLP
MINISTRY OF ECONOMY AND COMPETITIVENESS: DRAFT DER 2013/ 46315-P “Responsible lending and credit reporting systems”. DRAFT DER 2016-81966-REDT “Registry, credit market and economic crisis”
Colegio Notarial de Madrid.
Solunion Seguros de Crédito.
Think It Legal.
Equifax España.
Axesor.

Place: Colegio Notarial de Madrid

We will have simultaneous translation service.

PROGRAM

FIRST JOURNEY
November, 23rd

8.30: Entry and checking of credentials
9.15: Opening speech.

9.30: Conference: The economic effects of the insolvency information Exchange systems within credit markets. Mr. Jorge Padilla. Professor at Barcelona Graduate School of Economics. Director Compass Lexecon Europe.

10.00: Conference: The Commission’s Consumer Financial Services Action Plan. Mrs. María Lissowska (C. P). Health and consumers Directorate-General of the European Commission.

I. THE PREVENTION OF INSOLVENCY

10.45: Round table discussion. The models for ordering credit information systems and their economic impact.

Speaker: Ignacio Tirado
Mr. Federico Ferretti. Senior Lecturer in Law at Brunel University London (UK). A member of the expert group at the European Commission, Financial Services User Group (FSUG).
Mrs. Rhona Parry. Representative of Equifax. Association of Consumer Credit Information Suppliers (ACCIS)
Mrs. Dolores Cano. Head of CCR Division at Spanish Central Bank.
Mr. Martin Schmalzried. Policy Officer en COFACE (Confederation of Family Organisations in the EU) and a member of the expert group at the European Commission, Financial Services User Group (FSUG).

12.00: Coffee break

12.30: Round table discussion: Solvency data in relation to the European regulation on personal data protection.

Speaker: Matilde Cuena Casas.
Mr. José Luis Piñar Mañas. Lawyer and professor of Administrative Law at the Universidad San Pablo-CEU. Former director of the Spanish Agency for Data Protection.
Mr. Pablo Pascual. Director of Legal Affairs within Experian Spain.
Mr. Lorenzo Prats Albentosa. Professor of Civil Law at the Universidad Autónoma de Barcelona.
Mr. Carlos Alonso Martínez. Director of Legal Affairs of Equifax Ibérica.

14.00: Lunch break

16.00: Round table discussion: The new financial scenario for SMEs and consumers. Fintech and big data..

Speaker: David Ramos Muñoz
Mr. Pablo Blasco. Director of Fintech Spain. Professor at Universidad Carlos III de Madrid and Universidad Complutense de Madrid in areas of innovation, entrepreneurship and strategy.
Mr. Ricard Martínez Martínez. Head of the Microsoft Chair. Privacy and Digital Transformation at Universidad de Valencia.
Mr. Fernando Zunzunegui. Professor of Financial Law at Universidad Carlos III de Madrid. Lawyer specialized in financial regulation.
Mr. Javier Puyol Montero. Managing director Puyol- Abogados & Partners. Former director of legal counsel for BBVA.
Mr. Jesualdo Domínguez-Alcahud Martín-Peña. Investors head of the Department within the Directorate General of Legal Services of the National Commission market.

18.00: Coffee break

18.30: Presentation of the book "The prevention of private over-indebtedness. Towards Responsible Lending and Consumption".
They intervene:
Mr. Alejandro Rubio González. Technical Secretary General. Ministry of Economy, Industry and Competitiveness.
Mr. César Molinas. Economist.
Mr. Julio Gil Dolz. Relations with Banking Clients. Market Conduct Department. Bank of Spain.

SECOND JOURNEY
November, 24th

II. THE SOLUTION OF INSOLVENCY. PYMES AND CONSUMERS

10.00: Conference: Broad Proposal for a Directive on Preventive and Second Chance Restructuring Frameworks. Mr. Ondrej Vondracek. Legal and Policy Officer Directorate-General of Justice & Consumers of the European Commission.

10.30: Conference: Insolvency of natural persons. An international perspective. Mr. Jason Kilborn. Professor of Commercial Law. Marshall Law School. Chicago.

11.30: Coffee break

12.00: Screening of the short film "El Corredor" produced by José María Torres. Goya Award 2016, best short film at the Oscars.

12.20: Round Table discussion: Directed at a new regime for insolvent persons.
Speaker: David Ramos Muñoz

Mr. Juan Mora Sanguinetti. Research Department of the Bank of Spain-Eurosystem. Lawyer
Mr. Ignacio Tirado Martí. Professor of Commercial Law. Universidad Autónoma of Madrid.
Mrs. Matilde Cuena. Professor of Civil Law. Universidad Complutense of Madrid.

14.00: Closing of the Congress. Mr. Ángel Rojo Fernández-Río. Professor of Commercial Law. University Autónoma of Madrid.

SPEAKERS

Licenciado en Derecho por la Universidad Autónoma de Madrid, y abogado del Ilustre Colegio de Abogados de Madrid desde 1985.
César Molinas Sans (Barcelona, 1950) es licenciado en Matemáticas y Doctor en Económicas por la Universidad de Barcelona
David Ramos Muñoz is Professor of Commercial Law at Universidad Carlos III de Madrid, and the University of Bologna
Ferretti Federico is Senior Lecturer in Law at Brunel University London (UK)
Fernando Zunzunegui is an independent lawyer and consultant, specialized in Financial Law, recommended by Chambers & Partners “as leader in their field”.
Ignacio Tirado is a member of the Faculty of Laws of the Universidad Autónoma of Madrid (Spain), where he teaches corporate, banking, securities and insolvency law
After law school, Jason Kilborn clerked for Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit.
Licenciado en derecho por la facultad de derecho de la universidad pontificia-comillas (i.c.a.d.e.) y premio extraordinario de licenciatura en derecho.
Jesualdo Domínguez-Alchaud Martín-Peña is a lawyer at CNMV
Dr. Jorge Padilla is Senior Managing Director and Head of Compass Lexecon Europe.
Professor of Administrative Law, and former Vice-Rector of International Relations at San Pablo-CEU University of Madrid (2011-2015).
Presidente ejecutivo de Numintec, miembro de la Junta Directiva de PIMEC, patrón de la Fundación PIMEC, Vocal Consultor de la Cámara de Comercio de Barcelona, ​​productor del cortometraje 'El Corredor' y medalla de oro al mérito deportivo del Gobierno de España.
Prof. Dr. Lorenzo Prats Albentosa. Chair of civil Law, Autonomous University of Barcelona, since 2008
Martin Schmalzried holds a Master’s Degree from the ULB (Brussels) in Political Science and is a licensed sociology teacher in upper secondary education
Full Professor (accredited) of Civil Law at Complutense University of Madrid.
Pablo Pascual is since 2005 the Head of Legal of Experian Spain. This role includes Compliance and Government Affairs responsibilities.
Director of the Microsoft-University of Valencia Privacy and Digital Transformation Institutional Chair.
Rhona Parry is Vice President for Government Relations at Equifax, responsible for engagement with policy-makers across Europe

INSCRIPTION

Conference fees

Booking before October 24th: 150 euros.
Booking on October 25th or later: 200 euros.

Academic fees:
Booking before October 24th: (75% discount) 50 euros.
Booking October 25th or later: (50% discount) 75 euros.

Students: Free.

The above fees include:

Coffee Break
Keys to electronic book: "The prevention of private over-indebtedness. Towards Responsible Lending and Consumption". Directed by Matilde Cuena. Thomson Aranzadi 2017.
Attendance certificate.


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LOCATION

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Colegio Notarial de Madrid | Calle Ruiz de Alarcón, 3, 28014 Madrid

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