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The European Central Bank Publishes Draft Guidance on Leveraged Transactions

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ECB Consultation Paper - On 23 November 2016, the European Central Bank (the “ECB”) launched a public consultation in relation to draft guidance for Eurozone banks intended to develop clear and consistent definitions, measures and monitoring with...
By: David Quirolo

ECON Agrees Compromise Amendments to STS/Risk Retention

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The European Parliament’s Committee on Economic and Monetary Affairs (“ECON”) has today agreed compromise amendments (the “Compromise Amendments”) to the proposed EU regulation intended to lay down common rules on securitisation and create a European...
By: David Quirolo

European Commission Adopts Proposal to Amend EMIR

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On 4 May 2017, the European Commission (the “Commission”) adopted a proposal for a Regulation amending Regulation (EU) No 648/2012 (“EMIR”) as regards the clearing obligation, the suspension of the clearing obligation, the reporting requirements, the...
By: David Quirolo

Agreement Reached on Form of New EU Securitisation Regulation and on Amendments to the Capital Requirements Regulation

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The EU legislative institutions have now agreed compromise amendments to the proposed EU regulation intended to lay down common rules on securitisation and to create a European framework for “simple, transparent and standardised” (“STS”)...
By: David Quirolo

European Parliament Votes to Adopt the Securitisation and CRR Amendment Regulations

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On 26 October 2017, the European Parliament voted in plenary session to adopt the EU regulation intended to lay down common rules on securitisation and to create a European framework for “simple, transparent and standardised” (“STS”) securitisation...
By: David Quirolo

The EBA Publishes Draft Regulatory Technical Standards on the Risk Retention Requirements Under the EU Securitisation Regulation

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On 15 December 2017, the European Banking Authority (“EBA”) published a consultation paper (the “Consultation Paper”) containing draft Regulatory Technical Standards on the risk retention requirements (the “Risk Retention RTS”) under the EU...
By: David Quirolo

Court of Appeals Decision: Managers of Open-Market CLOs Not Subject to Dodd-Frank Risk Retention

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On February 9, 2018, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled in favor of the Loan Syndications and Trading Association (“LSTA”) in its lawsuit against the Securities and Exchange...
By: David Quirolo

The Basel Committee and IOSCO Issue Criteria to Identify “Simple, Transparent and Comparable” Short-Term Securitisations

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On 14 May 2018, the Basel Committee on Banking Supervision (the “Basel Committee”) and the Board of the International Organization of Securities Commissions (“IOSCO”) issued criteria for identifying “simple, transparent and comparable” (“STC”)...
By: David Quirolo

EBA’s Draft EU Risk Retention Regulatory Technical Standards

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On 31 July 2018, the European Banking Authority (“EBA”) published its final draft Regulatory Technical Standards on the risk retention requirements (the “draft Risk Retention RTS”) under the EU regulation intended to lay down common rules on...
By: David Quirolo

ESMA’s Final Draft Disclosure Technical Standards

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On 22 August 2018, the European Securities and Markets Authority (“ESMA”) published its Final Report on the technical standards on disclosure requirements under the EU Securitisation Regulation (the “Final Report”)....
By: David Quirolo

The Evolution of European CMBS 2.0

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This briefing reviews developments in European CMBS since the financial crisis and focuses on (1) 2011-15 European CMBS transactions (“2011-15 European CMBS”); (2) 2017-18 European CMBS (“2017-18 European CMBS”)......
By: David Quirolo

Securitisation Regulation - Transparency and Article 14 CRR Issues: Where Do We Go From Here?

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On 30 November 2018, the European Banking Authority, the European Securities and Markets Authority (“ESMA”) and the European Insurance and Occupational Pensions Authority (the “European Supervisory Authorities” or “ESAs”) published a joint statement...
By: David Quirolo

The Commission Fails to Endorse ESMA’s Draft Disclosure Technical Standards Under the Securitisation Regulation

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The European Securities and Markets Authority (“ESMA”) published on its website late on 18 December 2018, a letter from the European Commission to ESMA dated 30 November 2018 (the “Commission’s Letter”), in which the Commission stated that it only...
By: David Quirolo

ESMA Publishes Q&As and Revised Disclosure Templates for Securitisation Reporting

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On 31 January 2019, the European Securities and Markets Authority (“ESMA”) published an Opinion (the “Opinion”) containing a revised set of draft disclosure technical standards (the “Disclosure Technical Standards”) and a first set of Questions and...
By: David Quirolo

Further Delays in the Expected Application Date of the Disclosure Templates for EU Securitisation Reporting

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This memorandum provides an update regarding the further delay in the application of the transparency regulatory technical standards (“RTS”) (which include the new reporting templates) under the EU Securitisation Regulation....
By: David Quirolo

Article 14 CRR Update

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On 7 June 2019, Regulation (EU) 2019/876 (“CRR II”)[1] was published in the Official Journal of the EU. CRD II amends the Capital Requirements Regulation in a number of respects. For securitisation market participants, a key change is an amendment to...
By: David Quirolo

A Tale of Two Continents - European CMBS v U.S. CMBS & CRE CLOs

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U.S. CMBS issuance equalled approximately $171 billion during 2018. In the same period, European CMBS issuance equalled approximately €4 billion which, whilst not close to the issuance levels of the U.S. CMBS market, represents a significant increase...
By: David Quirolo

European Banking Authority Publishes Question and Answer Relating to Originator Risk Retention Holders in Securitisations

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On 13 September 2019, the European Banking Authority (the “EBA”) updated its guidance in respect of the Securitisation Regulation[1] by publishing an answer to a question submitted to it in November 2018 by the Association for Financial Markets in...
By: David Quirolo

European Commission Adopts Disclosure Templates for EU Securitisation Reporting

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The Securitisation Regulation applies to securitisations, the securities of which are issued (or where no securities are issued, the securitisation positions of which are created) on or after 1 January 2019....
By: David Quirolo

COVID-19 Update: European Commission Proposes Changes to the Securitisation Regulation in Response to COVID-19

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On 24 July 2020, the European Commission (the “Commission”) published its proposed amendments to the current securitisation framework set out in Regulation (EU) 2017/2402 (the “Securitisation Regulation”)....
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