The Law of Securitisations: From Crisis to Techno-Sustainability

Pierre de Gioia Carabellese, Camilla Della Giustina

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. Securitisation transactions have been identified in the literature among the main reasons for the 2007/2008 financial crisis, alongside with derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of the 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" 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.

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Q&A

Who is this book for?
Academics, students and practitioners of financial law, particularly those working with structured finance and securitisation transactions.

What does the book cover?
The EU's 2017 securitisation legal framework, ESG challenges, shadow banking, and the intersection of securitisations with fintech and agritech.

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