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.
Les mer
The book "Law of Securitisations: from Crisis 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.
Les mer
Chapter 1 – Introduction1.1. Securitisations: an overview1.2. Regulatory developments1.3. The osmosis among securitisations, shadow banking and technology1.4. Securitisations and capital marketsChapter 2 – Structured finance transactions: STS and sustainability2.1. The economic structure of securitisations2.2. Alternative ways of structured finance2.3. Securitisations and law2.4. The purpose of the transactions2.5. The dynamics of securitisations2.6. Securitisations and assignment of receivables 2.7. Financial disintermediation and structured finance2.8. Traditional, new and prospective themes: data protection securitisations2.9. Regulation and supervisionChapter 3 – The new EU "certified" securitisations3.1. The European dimension of securitisations3.2. The antecedents of the Securitisation Regulation: the financial crisis 2007-20083.3. STS Securitisations3.4. The simplicity criterion3.5. The standardisation requirement3.6. The criterion of transparency3.7. The "Third Parties Verifiers" and STS criteria3.8. Structured finance and commercial papers3.9. The European context: between private and administrative law3.10. Criminal and administrative law matters3.11. The UK STS legislative framework after BrexitChapter 4 – The securitisation process from the due diligence to the ESG factors4.1. The financial regulation on securitisations4.2. The due diligence4.3. The legal opinion4.4. Due diligence and legal opinion: between a rock and a hard place4.5. Investors and market protection4.6. The ESG factors and sustainable securitisations4.6.1. ESG structured finance within the EU framework4.6.2. UK Regulation and "unsustainable" finance4.6.3. Oxymorons and convergences between EU securitisations and regulation.4.7. From the ESG factors to the Automated VehiclesChapter 5 – From Fintech to Agritech5.1. Securitisations and lex argentaria5.2. Heterodox securitisations: Automated Machines and Vertical Farming
Les mer

Produktdetaljer

ISBN
9780367262488
Publisert
2023-03-31
Utgiver
Vendor
Routledge
Vekt
521 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
184

Om bidragsyterne

Pierre de Gioia Carabellese (JD cum laude, PhD, LLM PGCAP, CMr), Professor (Chair) in England and Wales (Huddersfield, School of Law, 2017), has become Professor (full) of Business Law and Regulation in Australia (ECU, Perth, 2020) and Professor (full) of Banking and Financial Law in China (Beijing Institute of Technology, School of Commercial Law, Zhuhai Campus, Hong Kong Area, 2021). Professor de Gioia Carabellese is also a Notary Public in Edinburgh and a qualified lawyer (Solicitor & Avvocato) in both the United Kingdom and Italy.

Camilla Della Giustina is a PhD candidate in Law at Campania University, Luigi Vanvitelli, Italy, and she holds a Juris Doctor cum laude at the University of Padova Law School. She has already contributed 50 research papers, 2 monographs and 1 book.