[PDF] The Law Of Securitisations eBook

Author : Pierre de Gioia Carabellese
Publisher : Taylor & Francis
Page : 149 pages
File Size : 14,6 MB
Release : 2023-03-31
Category : Law
ISBN : 1000849384

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The book The Law of Securitisations: From Crises to Techno-sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007–2008 financial crisis, alongside derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial transactions and their main players (e.g. originators, SPVs and credit rating agencies) and their "ESG" (Environmental, Social and Governance) challenges, particularly the recent regulation passed in the EU during the 2020–2021 global pandemic. The goal of this legal analysis is to identify and clarify the entire legal process of securitisations, as a result of the new EU legislation, as well as duties, responsibilities and practices incumbent on the main players. Furthermore, the monograph is also concerned with the new challenges facing financial markets and their regulation: the new concept of sustainability and the development of technology. In this scenario, there is a blend of financial issues, new environmental challenges and, ultimately, the role human beings are expected to play, also from a social justice perspective. Adopting not just doctrinal methodology but also comparative (from a private law perspective) and interdisciplinary (regulatory and law and economics), the authors also include a discussion of the main literature which has blossomed over the last two decades on structured finance transactions, particularly the literature that unveiled, a decade ago, the concept of shadow banking. This book will be one of the first to focus on the new EU Securitisation Regulation and will be of interest to academics, students and practitioners of financial law.

Author : Philip R. Wood
Publisher : Sweet & Maxwell
Page : 281 pages
File Size : 26,49 MB
Release : 2007
Category : Asset-backed financing
ISBN : 1847032117

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This up-to-date treatment of an area of increasing importance provides an in-depth and clear analysis of the complexities of the subject

Author : Philip R. Wood
Publisher :
Page : 575 pages
File Size : 29,67 MB
Release : 1995-01-01
Category : Clearing of securities
ISBN : 9780421542709

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This work comprises of a review of title finance with summaries of documents and precedents. It includes finance leases and sale and repurchase agreements, and chapters on the techniques of securitization. Also provided are country notes, a comparative study of set-off and netting, including a summary of the netting laws of the world's major jurisdictions, and finally a review of swaps and derivatives.

Author : Jan Job de Vries Robbé
Publisher : Kluwer Law International B.V.
Page : 521 pages
File Size : 22,61 MB
Release : 2008-01-01
Category : Law
ISBN : 9041127151

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Securitization--once a fairly straightforward means of offering collateral for investment--has mushroomed into a massively complex area of financial practice. The central role occupied by such risk-distributing products as collateral debt obligations (CDOs), credit default swaps (CDSs), collateral loan obligations (CLOs), and credit derivatives has given rise to one of the most crucial inquiries of our era: Is the financial collapse that threatens the world financial system due merely to rogue traders? Or is there something in the derivative idea itself that spells inevitable disaster? Most important, can we isolate the truly productive aspects of securitization and learn to recognise pitfalls in advance? As always in such ideational minefields, it is the legal practitioners who are expected to provide guidance to distressed investors and asset dealers. Hence this vital new book. Written from a distinctly practical point of view by Jan Job de Vries Robb� with contributions from Paul Ali and Tim Coyne--all three leading authorities with extensive experience as counsel both in-house and in private practice, in addition to sterling academic credentials--the book sheds clear light on every aspect of today's securitization techniques, including welcome guidance on the following: ; keeping track of exposure to the CDO market; and evaluating such emerging asset classes as commodity risk, microfinance, and project finance risk. In the course of the analysis the book proceeds from the relevant framework and guiding legal principles, through key risks and building blocks in securitization transactions, to the various product classes and sub-classes and their differences and common denominators. Non-credit risk and niche products (such as fund and insurance securitization) are also covered. The final chapters are devoted to the applicable rules as laid down in Basel II and International Financial Reporting Standards.

Author : H. van Houtte
Publisher : Sweet & Maxwell
Page : 352 pages
File Size : 21,28 MB
Release : 1999
Category : Law
ISBN : 9780421653801

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A collection of essays on topical contract issues, covering subjects including: Paradine v Jayne; foreign currency judgements; agency problems in insurance law; increased expense and frustration; failure of consideration; restitutionary consequences of illegality; and proprietary estoppel

Author : Nicholas L. Georgakopoulos
Publisher : Cambridge University Press
Page : 215 pages
File Size : 47,20 MB
Release : 2017-05-04
Category : Law
ISBN : 1108146171

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This book opens with a simple introduction to financial markets, attempting to understand the action and the players of Wall Street by comparing them to the action and the players of main street. Firstly, it explores the definition of a security by its function, the departure from the buyer beware environment of corporate law and the entrance into the seller disclose environment of securities law. Secondly, it shows that the cost of disclosure rules is justified by their capacity to combat irrationalities, fads, and panics. The third section explains how the structure of class actions is designed to improve deterrence. Next it explores the economic harm from insider trading and how the law fights it. In sum, the book shows how all these parts of securities law serve the virtuous cycle from liquidity to accurate prices and more trading and how the great recession showed that our securities regulation reacted mostly adequately to the crisis.

Author : David Ramos-Muñoz
Publisher : OUP Oxford
Page : 0 pages
File Size : 36,69 MB
Release : 2010-03-18
Category : Law
ISBN : 9780199583928

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The Law of Transnational Securitization focuses on the legal aspects of securitization from a comparative and systemic perspective, identifying problems and providing solutions within the legal and regulatory framework. The subject is covered from a UK, European and US perspective with reference to other jurisdictions including India.

Author : Thomas Lee Hazen
Publisher : West Academic Publishing
Page : 986 pages
File Size : 12,94 MB
Release : 2006
Category : Business & Economics
ISBN :

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The Fifth Edition of Professors Hazen's Hornbook has been revised to reflect the SEC's offering reform introduced in late 2005 and also recent Supreme Court developments. Professor Hazen's Hornbook now is totally up to date. The Revised Fifth Edition is a comprehensive secondary source for any course in Securities Regulation. Coverage includes definition of ?security,? registration and disclosure obligations under the Securities Act of 1933, exemptions from registration, reporting obligations under the Securities Exchange Act of 1934, the proxy rules, tender offer regulation, civil liabilities. The book also focuses on broker-dealer regulation, market regulation, and the administrative role of the Securities and Exchange Commission. The book also covers the securities law issues such as the proxy rules and insider trading that are covered in basic courses on corporations and business associations. In addition, the Investment Company Act and Investment Advisers Act are also covered making the book suitable for advanced courses in securities regulation as well. The Hornbook contains footnotes to resources that will aid students in further research and also is organized in the same manner as the six volume Practitioner's edition in order to facilitate easy cross reference.