News & Analysis as of

Due Diligence Risk Retention

Cadwalader, Wickersham & Taft LLP

The New UK Securitisation Rules : A Practical Overview and Comparison

On 30 April 2024, the Financial Conduct Authority (the “FCA”) published Policy Statement PS24/4 (“PS24/4”) setting out the final FCA Securitisation Sourcebook (“SECN”). Subject to the repeal of the Securitisation Regulation...more

Dechert LLP

EU Regulatory Technical Standards on Risk Retention Finalized

Dechert LLP on

After years of waiting and multiple drafts, the final version of the EU Regulatory Technical Standards on risk retention was published in the Official Journal of the European Union on 18 October 2023. In addition, we have...more

Stinson LLP

Relief Provided for U.S. Securitizations as a Result of Recent Amendments to EU Securitization Regulations

Stinson LLP on

As a result of a new securitization amendment (Regulation (EU) 2019/876) passed by the European Parliament and the Council of the European Union (EU), effective as of June 27, 2019, EU parent undertakings and their...more

K&L Gates LLP

New Japanese Securitization Risk Retention Rule and Its Impact on CLO Investors in Japan

K&L Gates LLP on

In December 2018, the Financial Services Agency of Japan (the “JFSA”) proposed amendments to its regulations under the Banking Act of Japan to introduce a new risk retention rule applicable to collateralized loan obligations...more

Dechert LLP

Japanese Risk Retention: JFSA Favors Diligence Over Disruption

Dechert LLP on

The new Japanese Risk Retention Rules will lead to increased loan and collateral manager due diligence by Japanese investors but not wholesale changes to the CLO market. Background - On March 15, 2019, the Japanese...more

Morgan Lewis

The EU Securitization Regulation—Application to AIFS and UCITS

Morgan Lewis on

New types of institutional investors will soon fall under the revised and expanded EU risk retention rules that will affect investors' obligations and requirements for new securitizations, including in relation to due...more

Dechert LLP

Impact of New EU Securitisation Regulations on UCITS

Dechert LLP on

The new EU securitisation regulations (Regulations)1 came into force on 17 January 2018, and will be directly applicable across the European Union from 1 January 2019. EU retail funds (Undertakings for Collective Investment...more

Vedder Price

EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice

Vedder Price on

For companies seeking to finance general equipment assets via asset backed securitization (ABS) instruments, risk retention has become an important consideration. In response to the latest financial crisis, both the U.S. and...more

Alston & Bird

The Dawn of CMBS 4.0: Changes and Challenges in a New Regulatory Regime

Alston & Bird on

Commercial real estate has been financed in the U.S. capital markets through creation of commercial mortgage-backed securities (CMBS) since the early 1990s, peaking at $240 billion in 2007 and representing about 25% of all...more

Cadwalader, Wickersham & Taft LLP

Update on the EU STS and Risk Retention

On 19 May 2016, the Committee on Economic and Monetary Affairs of the European Parliament (“ECON”) published a working document on the European Commission’s proposal for a regulation (the “Proposed Regulation”) intended to...more

Dechert LLP

New EU Securitisation Regulation: Moving in the Right Direction

Dechert LLP on

The European Commission published a draft regulation on a European framework for simple, transparent and standardised securitisation on 30 September 2015 (the “Draft Regulation”). The Draft Regulation aims to achieve a better...more

Cadwalader, Wickersham & Taft LLP

Securitisation: Keeping it Simple?

On 30 September 2015, the European Commission (the “Commission”) published a proposal for a regulation (the “Proposed Regulation”)1 intended to harmonise existing EU laws applying to securitisations (including proposed...more

Orrick - Finance 20/20

Joint Committee Report on Securitization

Orrick - Finance 20/20 on

On May 12, 2015, the Joint Committee of the three European Supervisory Authorities (ESAs) published a report detailing its findings and recommendations regarding the disclosure requirements and obligations relating to due...more

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