Securitization Law and Practice


Book Description

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.







Law and Regulation of International Finance


Book Description

..".an impressive book...the style is straightforward...graduates studying international law or corporate finance should find much stimulating and thought provoking material here...an important reference work for students of the subject."Ã?Â?Ã?Â?--Cambridge Law JournalÃ?Â?Ã?Â?Ã?Â?Ã?Â?This student edition of Ravi Tennekoon's highly acclaimed text provides a straightforward and accessible reference work for LLM graduate students and those studying international and corporate finances. An undisputed authoritative text on the law governing money market activity, this book covers in depth the legal aspects of the principal financial and loan instruments of international finance -- in particular syndicated loans and eurobonds, along with the euro commercial paper market. Analysis of each transaction is divided into three sections: first, the book examines the financial structure and nature of a specific transaction along with the procedures required to set up the transaction; secondly, the legal framework used to operate the transaction is examined; and thirdly, the regulatory aspects of the transaction are clearly explained. With the major issues plainly illustrated by relevent case law and supported by an extensive table of cases and both UK and US statutes, this unique student text provides a blend of both the practical and theoretical aspects of its subject ensuring the student gains a valuable insight into a complex area of the law.




The Law of Securitisations


Book Description

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.




Corporate Finance and the Securities Laws


Book Description

The highly anticipated Third Edition of Corporate Finance & the Securities Laws is a fully updated version of this classic work by two premier experts in the world of corporate finance. The book explains the legal environment in which capital markets transactions take place as well as explaining the transactions themselves and how professionals can manage the transaction and get it done. Some highlights in the Third Edition are: Underwriting practices the registration and distribution process Private placements Shelf registrations International finance Commercial paper Innovative financial products and asset-backed securities the Third Edition also includes updates on many important developments in corporate finance, including: New standards for IPO allocations the reduced role of analysts in securities offerings driven by reforms separating the interaction of research analysts And The investment bankers who bring in new business an updated look at MD&A (Management Discussion & Analysis) A new chapter focusing on asset-backed securities Sarbanes-Oxley's effects on disclosure requirements and due diligence the growing trend of On-line offerings Dealing with 'gun-jumping' problems Electronic delivery of offering documents New emphasis on financial statement due diligence New NASD corporate financing rule New NASD rule on retention of new issues (formerly the 'hot issue' rule) Exiting the SEC reporting system Innovative financing techniques And The Commodity Futures Modernization Act of 2000 Short sales and equity derivatives Innovations in convertible, exchangeable and equity-linked securities Amended Rule 10b-18 and more




Climate Migration and Security


Book Description

Climate migration, as an image of people moving due to sea-level rise and increased drought, has been presented as one of the main security risks of global warming. The rationale is that climate change will cause mass movements of climate refugees, causing tensions and even violent conflict. Through the lens of climate change politics and securitisation theory, Ingrid Boas examines how and why climate migration has been presented in terms of security and reviews the political consequences of such framing exercises. This study is done through a macro-micro analysis and concentrates on the period of the early 2000s until the end of September 2014. The macro-level analysis provides an overview of the coalitions of states that favour or oppose security framings on climate migration. It shows how European states and the Small Island States have been key actors to present climate migration as a matter of security, while the emerging developing countries have actively opposed such a framing. The book argues that much of the division between these states alliances can be traced back to climate change politics. As a next step, the book delves into UK-India interactions to provide an in-depth analysis of these security framings and their connection with climate change politics. This micro-level analysis demonstrates how the UK has strategically used security framings on climate migration to persuade India to commit to binding targets to reduce their greenhouse gas emissions. The book examines how and why such a strategy has emerged, and most importantly, to what extent it has been successful. Climate Migration and Security is the first book of its kind to examine the strategic usage of security arguments on climate migration as a political tool in climate change politics. Original theoretical, empirical, and policy-related insights will provide students, scholars, and policy makers with the necessary tools to review the effectiveness of these framing strategies for the purpose of climate change diplomacy and delve into the wider implications of these framing strategies for the governance of climate change.




Understanding Securitisation Theory


Book Description

This volume aims to provide a new framework for the analysis of securitization processes, increasing our understanding of how security issues emerge, evolve and dissolve. Securitisation theory has become one of the key components of security studies and IR courses in recent years, and this book represents the first attempt to provide an integrated and rigorous overview of securitization practices within a coherent framework. To do so, it organizes securitization around three core assumptions which make the theory applicable to empirical studies: the centrality of audience, the co-dependency of agency and context and the structuring force of the dispositif. These assumptions are then investigated through discourse analysis, process-tracing, ethnographic research, and content analysis and discussed in relation to extensive case studies. This innovative new book will be of much interest to students of securitisation and critical security studies, as well as IR theory and sociology. Thierry Balzacq is holder of the Tocqueville Chair on Security Policies and Professor at the University of Namur. He is Research Director at the University of Louvain and Associate Researcher at the Centre for European Studies at Sciences Po Paris.




Securitization in India


Book Description

India needs to spend close to Rs43 trillion (about $646 billion) on infrastructure through to 2022. Such a staggering requirement cannot be met though traditional sources such as public sector bank loans. India must immediately explore and quickly ramp up financing from alternative investment sources. This report provides an overview of infrastructure financing in India, sheds light on the challenges faced by the country's banking sector, suggests an optimal mechanism for securitizing the infrastructure assets of public sector banks, and outlines a range of scenarios and factors that must be in place for this mechanism to be successfully realized.







Securitisation Swaps


Book Description

Develop the skillset essential to successful securitisation swaps management Securitisation Swaps is a complete practitioner’s guide to this unique and complex class of derivatives. This detailed examination follows the entire life cycle of securitisation swaps to give quants, structurers, traders, originators, issuers and lawyers a common reference for understanding their shared objective. Broad in scope to provide a common-ground perspective — yet detailed enough to promote full understanding — the discussion takes a distinctly cross-disciplinary approach that encompasses the multi-faceted knowledge base required to successfully execute these complex trades. Despite the fact that the size of the market is trillions of dollars in notional principal, securitisation swaps have thus far been neglected in both academic and practitioner literature. The numerous stakeholders that work together on these complex deals will all greatly benefit from a thorough understanding of their underlying risks and gain deep insight into the perspectives of each stakeholder. This invaluable guide provides multi-disciplinary insight that allows practitioners to: Manage securitisation swaps more effectively, from pre-trade structuring and modelling to post-trade risk management and accounting Understand the elements of securitisation and covered bonds, and how swaps mitigate risk in these types of transactions Explore how securitisation swaps differ from other derivatives and delve into their three specific risk factors — swap prepayment risk, swap extension risk and downgrade risk Learn practical methods and strategies of risk management, accounting, pricing and transaction execution When securitisation trades go wrong, they become front-page news — but when each participant understands accurate modelling, risk mitigation, optimal structuring, costs, pricing, commercial backgrounds and other integral practices, they are able to work together to achieve a shared objective. Securitisation Swaps provides the essential knowledge that streamlines and safeguards these important trades.