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The Law of Securitisations

Author : Pierre de Gioia Carabellese
Publisher : Taylor & Francis
Page : 149 pages
File Size : 12,21 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.

Securitizations

Author : Patrick D. Dolan
Publisher : Law Journal Press
Page : 1220 pages
File Size : 39,73 MB
Release : 2000
Category : Business & Economics
ISBN : 9781588520913

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Written by over two dozen experts with hands-on experience, this timely and insightful work explains the benefits--and risks--of securitization, the legal tax, accounting, and other issues involved.

State and Federal Securities Law Review

Author : Illinois Institute for Continuing Legal Education
Publisher :
Page : 225 pages
File Size : 10,51 MB
Release : 1984
Category : Securities
ISBN :

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Securities Law Review

Author : Ernest L. Folk
Publisher :
Page : pages
File Size : 16,78 MB
Release :
Category :
ISBN : 9780876320464

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The Morality of Security

Author : Rita Floyd
Publisher : Cambridge University Press
Page : 261 pages
File Size : 39,49 MB
Release : 2019-04-18
Category : Business & Economics
ISBN : 1108493890

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Offers an innovate approach to ethics and security, combining securitization theory and the just war tradition.

Securitization Law and Practice

Author : Jan Job de Vries Robbé
Publisher : Kluwer Law International B.V.
Page : 521 pages
File Size : 40,33 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.