ASTERRA ESTATE d.o.o. | Claim Rights Marketplace
All purchases of Claim Rights involve risks, including the risk of partial or total loss of the purchase price and expected income. Users should carefully consider the following risks before purchasing any Claim Rights through the Asterra Estate platform (the “Platform”).
ASTERRA ESTATE d.o.o. (the “Platform Operator”) facilitates the offering and purchase of contractual claim rights originating from loans granted by a separate loan originator (the “Claim Seller” ) to borrowers. The Platform Operator is not, solely by operating the Platform, the lender under those loans, the borrower or a guarantor of their repayment. The rights acquired by a User depend on the applicable assignment agreement and underlying loan documentation.
The information below describes principal categories of risk and certain measures that may help manage them. It is not exhaustive. No risk-management measure eliminates the possibility of loss, and neither the Platform Operator nor the Claim Seller guarantees capital preservation, liquidity or any return unless an express binding obligation provides otherwise.
Risk. A borrower may pay late, fail to pay interest or principal, become insolvent, dispute its obligations or otherwise default under its loan agreement. The value of the related Claim Rights and the amounts distributed to Users may therefore be reduced or lost.
Risk management / important qualification. The Claim Seller may assess borrowers and monitor repayment performance; however, such assessments are not a guarantee. Users should review the available information on each underlying loan and avoid excessive concentration in any single borrower.
Risk. The Claim Seller originates or holds the underlying loan and assigns Claim Rights to Users. Its financial distress, operational failure, insolvency, errors in recordkeeping or failure to remit amounts collected from borrowers may interrupt payment flows and complicate enforcement, even where the underlying borrower continues to perform.
Risk management / important qualification. Contractual documentation and transaction records may help establish Users’ entitlements. The effectiveness of any rights to segregated proceeds, direct enforcement or substitution of a servicer depends on the agreements and applicable law; none should be assumed without verification.
Risk. The Platform Operator may cease platform activity, lose access to service providers, experience technical failure or become insolvent. This may interrupt access to User Profiles, transaction records, payment processing, reporting, collections or distributions.
Risk management / important qualification. A valid assignment may survive the cessation of the Platform Operator’s activities, but continued ownership and enforceability of the Claim Rights, access to records and payments, and any need for separate servicing or recovery proceedings depend on the transaction structure and governing law. Users may incur delay and additional costs.
Risk. Users acquire contractual Claim Rights as defined in the relevant Assignment Agreement, rather than ownership of the underlying loan or any collateral unless expressly provided. Defects in the assignment, competing assignments, borrower defences, contractual restrictions, insolvency challenges, differing legal systems or requirements for notice or perfection may affect enforceability or priority.
Risk management / important qualification. The Platform Operator may maintain assignment records and use contractual documentation. Users should consult the specific Assignment Agreement to determine the obligor, scope of rights, effective date, applicable law and enforcement procedure. A direct claim against an underlying borrower or other group company must not be assumed.
Risk. Borrower repayments may be received by the Claim Seller before amounts are transferred or allocated to Users with assistance from the Platform Operator and payment service providers. Delays, reconciliation errors, freezing of accounts, insolvency of an intermediary or commingling of funds can prevent or delay a distribution.
Risk management / important qualification. The use of payment service providers, account reconciliation or internal controls may reduce operational risk but does not by itself establish statutory safeguarding, a trust or a guarantee. The applicable contractual and account arrangements determine Users’ rights.
Risk. Some underlying loans may be secured; others may be unsecured. Security can be defective, subject to prior-ranking interests or costly to realise. Collateral values can decline, enforcement may be contested or delayed, and net recovery may be insufficient. A User does not automatically acquire security rights merely by purchasing Claim Rights.
Risk management / important qualification. Any collateral description should be considered alongside information about the security holder, priority, coverage and enforcement rights. The existence of security does not ensure full recovery.
Risk. Claim Rights are generally intended to be held until the relevant cash flows are collected. There may be no secondary purchase, early exit arrangement or obligation of any entity to repurchase them. Even if transfers or early exits are permitted, they may be restricted, suspended, delayed or offered at a discount.
Risk management / important qualification. Users should purchase Claim Rights only with funds that they can afford to commit for the expected term and potentially longer, including during recovery proceedings.
Risk. Claim Rights and underlying loans may be denominated in different currencies. Currency fluctuations, conversion spreads and bank charges may reduce a User’s return when measured in the User’s home currency. Even where a Claim Right is displayed or payable in euros, the underlying borrower may be exposed to currency risk.
Risk management / important qualification. Users should review the currency of each Claim Right, underlying loan and payment account, and should not assume that foreign-exchange risk has been hedged.
Risk. Economic downturns, inflation, rising interest rates, war, sanctions, public-health emergencies, natural disasters, climate events and changes in law or regulation may affect borrowers, collateral values, payment providers and the Platform’s operations.
Risk management / important qualification. Diversification among borrowers, sectors and maturities may limit concentration, but cannot prevent broad market losses.
Risk. Rules relating to assignment of receivables, consumer protection, financial services, public offerings, marketing, insolvency, data protection and taxation may differ across jurisdictions and may change. A regulator or court may classify an arrangement differently than expected. This could require changes to, restrictions on or suspension of the Platform or the offering of Claim Rights.
Risk management / important qualification. The Platform Operator may seek legal advice and adjust its operations, but legal review cannot eliminate future regulatory actions, disputes or changes in law. Users should assess any restrictions applicable in their country of residence.
Risk. The Platform Operator, Claim Seller, borrowers or service providers may be related or share owners or management. Related-party lending or servicing may create incentives that are not aligned with Users’ interests, including in pricing, origination, loan restructuring and recoveries.
Risk management / important qualification. Relevant relationships and material transaction terms should be disclosed where applicable. Users should not treat group affiliation as a guarantee or independent credit assessment.
Risk. Account takeover, phishing, unauthorised transactions, identity fraud, data breaches, software defects, cyberattacks, outages or compromised payment instructions may result in financial loss, personal-data exposure or interruption of service.
Risk management / important qualification. Users should protect credentials, use available account-security controls, verify communications and report suspicious activity promptly. Security measures reduce but do not eliminate risk.
Risk. Credit, financial, collateral or performance data supplied by borrowers or third parties may be incomplete, outdated or inaccurate. Historical payments and projected returns are not reliable indicators of future results.
Risk management / important qualification. Users should make independent decisions and should not rely on indicative yields, summaries or historical performance as assurances of repayment.
Risk. Interest income, gains, losses and transfers of Claim Rights may be subject to tax, withholding, reporting or other obligations in the User’s jurisdiction. The tax treatment can differ depending on residence and individual circumstances and may change.
Risk management / important qualification. Users are responsible for obtaining independent tax advice and meeting applicable declaration and payment obligations.
Risk. Following default, recovery may involve restructuring, negotiations, court proceedings, insolvency proceedings or enforcement abroad. These processes can be lengthy, costly and uncertain; costs may reduce recoverable amounts. Users may need to take action themselves where contractually required.
Risk management / important qualification. The applicable agreements determine who administers recovery and how costs and recoveries are allocated. Neither recovery activity nor litigation guarantees payment.