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ARTICLE · 22 JANUARY 2018

New EU Securitisation Regulation: Impact For Investment Funds

Maples Group
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On 17 January 2018 the Securitisation Regulation (EU) 2017/2402 (the "SR") entered into force.

Cayman IslandsFinance and Banking
Peter Stapleton
Peter Stapleton
Stephen Carty
Stephen Carty
Carol Widger
Carol Widger
Eimear O'Dwyer
Eimear O'Dwyer
Ian Conlon
Ian Conlon
Ciara O'Leary
Ciara O'Leary
John Gallagher
John Gallagher
Deirdre McIlvenna
Deirdre McIlvenna
Emma Conaty
Emma Conaty
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On 17 January 2018 the Securitisation Regulation (EU) 2017/2402 (the "SR") entered into force. The SR is available here. It applies from 1 January 2019.

The SR introduces an EU-wide set of uniform measures regulating the securitisation market. This marks a significant piece of the EU's Capital Markets Union ("CMU") reform measures.

In an investment funds context, the SR impacts both AIFs and UCITS and significant points of note are:

  • This marks a shift whereby originators / sponsors / lenders will be directly obliged to meet the requirements of the SR rather than (as is currently the case under Directive 2011/61/EU ("AIFMD")) requiring the AIFM, as the investor, to determine that the originators / sponsors / lenders have complied.

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