Oxford University Press The Law of Transnational Securitization

The Law of Transnational Securitization focuses on the legal aspects of securitization from a comparative and systemic perspective. It identifies specific problems that arise in the field of securitization, including transnational problems, and shows how to solve them within the legal and regulatory framework. The book covers securitization from a UK, European and US perspective throughout including reference to other jurisdictions including India. Securitization is a topical subject, as the securitization of mortgage receipts is seen as one of the causes of the financial crisis. There is now an increased focus on the legal, as opposed to transactional, aspects of securitization as it has come under intense scrutiny by regulators. This work explains the situation and suggests ways to improve the system. The book begins by explaining the elements of a typical securitization transaction, along with different types of securitization, and provides an analysis of the role of securitization in the financial crisis and resulting legal challenges. It includes coverage of the interaction of securitization with creditor and investor protection rules, with an emphasis on insolvency law, involving such issues as a transaction's resilience to bankruptcy. Part III of the work analyses the liabilities of the sponsor/originator and the 'checks-and-balances' in their activity. Also included here is coverage of the duties of 'gatekeepers' such as rating agencies. A full explanation is included of the regulatory position, incorporating the rules on disclosure and accounting and on financial matters under Basel II. Finally, the book concludes with a detailed consideration of conflicts of laws and states' exercise of extraterritorial jurisdiction issues. Review This book goes as long way toward providing a comprehensive reference point for improved market understanding of this business, so that sound structures can help restore the crucial investor confidence needed to provide capital to a capital-constrained world ...... I can highly recommend this book as being an essential part of every global securitisation market participants library of essential reading ― Rick Watson, Managing Director, Association for Financial Markets in Europe A valuable transactional guide for practitioners in cross- border securitisations, providing a clear and practical view of this complex area ― Javier García de Enterría, Lawyer, Clifford Chance, Madrid This book provides an excellent analysis of the relevant aspects of securitisation. ― Dr Marek Dubovec, Journal of International Banking Law and Regulation About the Author Dr. David Ramos-Muñoz is an Assistant Professor at Universidad Carlos III de Madrid, where he teaches Commercial Law, as well as Company Law and Securities Regulation. He has worked as a lawyer at the firm J &A Garrigues, and at Freshfields in London after winning the Freshfields Financial Times Prize for the Best European Law Student. He has a PhD from the University of Bologne and his research interests are Financial and Securities Regulation and Uniform and Comparative Business Law and Arbitration. ; Kevin Ingram is a securitization partner at Clifford Chance LLP.