On January 31, 2019, European Securities and Markets Authority
("ESMA") revised its
draft disclosure technical standards and issued supporting
draft Q&As under the EU Securitization Regulation.
Commentary /
David Quirolo
While not without issues, ESMA's revised draft Disclosure
Technical Standards are a significant improvement on the previous
draft. The substantially increased availability of No Data options
shows that ESMA has listened to market concerns (as reflected in
the Commission's Letter) about the practical consequences of
the new templates on EU market participants.
Cadwalader has worked with the Loan Market Association in
alerting ESMA and the Commission to the problems that would result
from the adoption of ESMA's draft Disclosure Technical
Standards, particularly in relation to collateralized loan
obligations. Cadwalader will continue to raise issues surrounding
the implementation of the new Securitisation Regulation regime with
the relevant