Buch, Englisch, 512 Seiten, Format (B × H): 246 mm x 170 mm, Gewicht: 1012 g
Buch, Englisch, 512 Seiten, Format (B × H): 246 mm x 170 mm, Gewicht: 1012 g
ISBN: 978-0-19-958392-8
Verlag: Oxford University Press
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.
Zielgruppe
The Law of Transnational Securitization is essential reading for securities lawyers and other practitioners working in securities, financial and insolvency law in the UK and Europe, academics and postgraduate students in those areas, banks (including US banks doing deals with Europe), investors and policy makers.
Fachgebiete
- Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
- Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht
- Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
- Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht
Weitere Infos & Material
Part I: Introduction
1: A Guide to Securitization Regulatory and International Challenges
Part II: Creditor Protection
2: Securitization and Creditor Protection Rules
Part III: Investory Protection
3: Direct Investor Protection: SPV, Managers and Indenture Trustees
4: The Liability of the Sponsor/Originator
5: Gatekeepers' Liability: Underwriters and Rating Agencies
Part IV: Financial Regulation
6: Asset-backed Securities Offerings and Disclosure Duties
7: Prudential Regulation of Securitization
Part V: Transnational Securitization
8: Securitization and Conflict of Laws
9: Securitization and the Limits to the States' Extraterritorial Jurisdiction
