
The International Comparative Legal Guide to Securitisation 2022
Rupert Wall(Editor)
Global Legal Group Ltd (Publisher)
15th Edition
Published on 27. May 2022
Book
Paperback/Softback
352 pages
978-1-83918-193-1 (ISBN)
Article exhausted; check for reprint
Description
I am privileged once again, on behalf of Sidley Austin LLP and as the Guide's Contributing Editor, to author the Preface to the latest edition of ICLG - Securitisation, which continues to be one of the most comprehensive comparative guides to the practice of securitisation available today. The Guide is now in its 15th edition, which provides continued proof that it continues to be as relevant today as ever.
In the Preface to last year's Guide, written in March 2021, I tempted fate by pointing out that the first few months of 2021 had been as busy a time in the securitisation and structured finance markets as many practitioners had known since pre-2008-financial crisis years. Fortunately (in some respects), the rest of 2021 continued on a similar trajectory, with issuance of new securitised products in Europe increasing by an estimated 17.5% across the financial year in comparison to the prior year (an estimated EUR 233bn in 2021 vs EUR 198bn in 2020). 2021 has since been identified by a number of sources as reflecting the highest volume of placed securitisation issuance in Europe since 2007, i.e. a new post-global financial crisis record. As has been the case for a number of years, one of the main drivers for growth was the European CLO market, which saw a near 100% increase in issuance volumes in comparison to 2020, although general securitisation issuance excluding broadly syndicated CLOs also remained strong, resulting in a very busy year for many securitisation practitioners.
Not only have the securitisation markets survived through the combined upheavals of the global COVID-19 pandemic (which of course continues at the time of writing, but is perhaps less "novel" than was the case when compiling this guide a few years ago), but European structured finance has reacted to the "new normal" with its typical resilience and adaptability, evidencing once again the flexibility and durability of the structures and market participants that together drive the market forward.
It seems as critical and worthy a task as ever, therefore, to maintain an accurate and up-to-date Guide regarding the relevant practices and regulation of securitisation in a variety of jurisdictions. The 2022 edition of this Guide seeks to accomplish that objective by providing global businesses leaders, in-house counsel and international legal practitioners with ready access to important information regarding the legislative and regulatory frameworks for securitisation across 22 (a 10% increase on the previous year) individual jurisdictions. It also surveys practices from the perspective of leading and experienced practitioners in these jurisdictions through the expert analysis chapters (which continue to be of even wider scope, and even more thought-provoking content, than previous editions), and our genuine thanks go to all of the many contributors for sharing their knowledge and experience again in this year's Guide.
We hope that you continue to find the Guide a useful and engaging insight into the world of securitisation.
I am privileged once again, on behalf of Sidley Austin LLP and as the Guide's Contributing Editor, to author the Preface to the latest edition of ICLG - Securitisation, which continues to be one of the most comprehensive comparative guides to the practice of securitisation available today. The Guide is now in its 15th edition, which provides continued proof that it continues to be as relevant today as ever.
In the Preface to last year's Guide, written in March 2021, I tempted fate by pointing out that the first few months of 2021 had been as busy a time in the securitisation and structured finance markets as many practitioners had known since pre-2008-financial crisis years. Fortunately (in some respects), the rest of 2021 continued on a similar trajectory, with issuance of new securitised products in Europe increasing by an estimated 17.5% across the financial year in comparison to the prior year (an estimated EUR 233bn in 2021 vs EUR 198bn in 2020). 2021 has since been identified by a number of sources as reflecting the highest volume of placed securitisation issuance in Europe since 2007, i.e. a new post-global financial crisis record. As has been the case for a number of years, one of the main drivers for growth was the European CLO market, which saw a near 100% increase in issuance volumes in comparison to 2020, although general securitisation issuance excluding broadly syndicated CLOs also remained strong, resulting in a very busy year for many securitisation practitioners.
Not only have the securitisation markets survived through the combined upheavals of the global COVID-19 pandemic (which of course continues at the time of writing, but is perhaps less "novel" than was the case when compiling this guide a few years ago), but European structured finance has reacted to the "new normal" with its typical resilience and adaptability, evidencing once again the flexibility and durability of the structures and market participants that together drive the market forward.
It seems as critical and worthy a task as ever, therefore, to maintain an accurate and up-to-date Guide regarding the relevant practices and regulation of securitisation in a variety of jurisdictions. The 2022 edition of this Guide seeks to accomplish that objective by providing global businesses leaders, in-house counsel and international legal practitioners with ready access to important information regarding the legislative and regulatory frameworks for securitisation across 22 (a 10% increase on the previous year) individual jurisdictions. It also surveys practices from the perspective of leading and experienced practitioners in these jurisdictions through the expert analysis chapters (which continue to be of even wider scope, and even more thought-provoking content, than previous editions), and our genuine thanks go to all of the many contributors for sharing their knowledge and experience again in this year's Guide.
We hope that you continue to find the Guide a useful and engaging insight into the world of securitisation.
In the Preface to last year's Guide, written in March 2021, I tempted fate by pointing out that the first few months of 2021 had been as busy a time in the securitisation and structured finance markets as many practitioners had known since pre-2008-financial crisis years. Fortunately (in some respects), the rest of 2021 continued on a similar trajectory, with issuance of new securitised products in Europe increasing by an estimated 17.5% across the financial year in comparison to the prior year (an estimated EUR 233bn in 2021 vs EUR 198bn in 2020). 2021 has since been identified by a number of sources as reflecting the highest volume of placed securitisation issuance in Europe since 2007, i.e. a new post-global financial crisis record. As has been the case for a number of years, one of the main drivers for growth was the European CLO market, which saw a near 100% increase in issuance volumes in comparison to 2020, although general securitisation issuance excluding broadly syndicated CLOs also remained strong, resulting in a very busy year for many securitisation practitioners.
Not only have the securitisation markets survived through the combined upheavals of the global COVID-19 pandemic (which of course continues at the time of writing, but is perhaps less "novel" than was the case when compiling this guide a few years ago), but European structured finance has reacted to the "new normal" with its typical resilience and adaptability, evidencing once again the flexibility and durability of the structures and market participants that together drive the market forward.
It seems as critical and worthy a task as ever, therefore, to maintain an accurate and up-to-date Guide regarding the relevant practices and regulation of securitisation in a variety of jurisdictions. The 2022 edition of this Guide seeks to accomplish that objective by providing global businesses leaders, in-house counsel and international legal practitioners with ready access to important information regarding the legislative and regulatory frameworks for securitisation across 22 (a 10% increase on the previous year) individual jurisdictions. It also surveys practices from the perspective of leading and experienced practitioners in these jurisdictions through the expert analysis chapters (which continue to be of even wider scope, and even more thought-provoking content, than previous editions), and our genuine thanks go to all of the many contributors for sharing their knowledge and experience again in this year's Guide.
We hope that you continue to find the Guide a useful and engaging insight into the world of securitisation.
I am privileged once again, on behalf of Sidley Austin LLP and as the Guide's Contributing Editor, to author the Preface to the latest edition of ICLG - Securitisation, which continues to be one of the most comprehensive comparative guides to the practice of securitisation available today. The Guide is now in its 15th edition, which provides continued proof that it continues to be as relevant today as ever.
In the Preface to last year's Guide, written in March 2021, I tempted fate by pointing out that the first few months of 2021 had been as busy a time in the securitisation and structured finance markets as many practitioners had known since pre-2008-financial crisis years. Fortunately (in some respects), the rest of 2021 continued on a similar trajectory, with issuance of new securitised products in Europe increasing by an estimated 17.5% across the financial year in comparison to the prior year (an estimated EUR 233bn in 2021 vs EUR 198bn in 2020). 2021 has since been identified by a number of sources as reflecting the highest volume of placed securitisation issuance in Europe since 2007, i.e. a new post-global financial crisis record. As has been the case for a number of years, one of the main drivers for growth was the European CLO market, which saw a near 100% increase in issuance volumes in comparison to 2020, although general securitisation issuance excluding broadly syndicated CLOs also remained strong, resulting in a very busy year for many securitisation practitioners.
Not only have the securitisation markets survived through the combined upheavals of the global COVID-19 pandemic (which of course continues at the time of writing, but is perhaps less "novel" than was the case when compiling this guide a few years ago), but European structured finance has reacted to the "new normal" with its typical resilience and adaptability, evidencing once again the flexibility and durability of the structures and market participants that together drive the market forward.
It seems as critical and worthy a task as ever, therefore, to maintain an accurate and up-to-date Guide regarding the relevant practices and regulation of securitisation in a variety of jurisdictions. The 2022 edition of this Guide seeks to accomplish that objective by providing global businesses leaders, in-house counsel and international legal practitioners with ready access to important information regarding the legislative and regulatory frameworks for securitisation across 22 (a 10% increase on the previous year) individual jurisdictions. It also surveys practices from the perspective of leading and experienced practitioners in these jurisdictions through the expert analysis chapters (which continue to be of even wider scope, and even more thought-provoking content, than previous editions), and our genuine thanks go to all of the many contributors for sharing their knowledge and experience again in this year's Guide.
We hope that you continue to find the Guide a useful and engaging insight into the world of securitisation.
More details
Series
Edition
15th Revised edition
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Edition type
Revised edition
Dimensions
Height: 297 mm
Width: 210 mm
Thickness: 14 mm
ISBN-13
978-1-83918-193-1 (9781839181931)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
New editions

Book
05/2023
16th Edition
Global Legal Group Ltd
€438.24
Article exhausted; check for reprint
Previous edition

Book
05/2021
14th Edition
Global Legal Group Ltd
€438.24
Article exhausted; check for reprint
Content
Blockchain Securitisation: The Future of Structured Finance? - Rupert Wall, Netanya Clixby & Matt Feehily, Sidley Austin LLP 1
U.S. and EU CLOs: Market Trends and Recent Regulatory Developments - Craig Stein, Phillip J. Azzollini & Martin Sharkey, Schulte Roth & Zabel 8
Securitization as an Integral Part of a Corporate Capital Structure - Bjorn Bjerke, Shearman & Sterling LLP 13
Securitisation and COVID-19: Issues to Consider in 2022 - Mandeep S. Lotay, Gino Murugesan & Louise Bel, Freshfields Bruckhaus Deringer LLP 19
Regulatory Developments in Securitisation in the EU, the UK and the USA - Merryn Craske, Mark Riccardi & Charles A. Sweet, Morgan, Lewis & Bockius LLP 25
Australia - King & Wood Mallesons: Anne-Marie Neagle & Ian Edmonds-Wilson 32
Canada - McMillan LLP: Don Waters & Michael Burns 45
Cayman Islands - Maples Group: Scott Macdonald, James Reeve & Noman Ali 58
China - King & Wood Mallesons: Zhou Jie & Eddie (Zhe) Hu 69
Cyprus - Koushos Korfiotis Papacharalambous LLC: Georgia Charalambous, Annita Evangelou &
Emmelia Kasoulides 83
England & Wales - Sidley Austin LLP: Rupert Wall & Ellina Zinatullina 96
Finland - Waselius & Wist: Maria Lehtimaki & Ville-Veikko Vanttinen 117
France - Orrick, Herrington & Sutcliffe (Europe) LLP: Herve Touraine & Olivier Bernard 128
Germany - Allen & Overy LLP: Dr. Stefan Henkelmann & Martin Scharnke 144
Greece - Bernitsas Law: Athanasia Tsene 160
Hong Kong - King & Wood Mallesons: Paul McBride & Darwin Goei 173
Ireland - Maples Group: Stephen McLoughlin, Callaghan Kennedy & Lynn Cramer 188
Japan - Nishimura & Asahi: Hajime Ueno & Tomoaki Fujii 210
Luxembourg - GSK Stockmann: Andreas Heinzmann & Katharina Schramm 219
Malawi - Ritz Attorneys at Law: Lusungu Gondwe, Doreen Manjandimo Thabwa & Mwaiwathu Majawa 236
Netherlands - Freshfields Bruckhaus Deringer LLP: Mandeep S. Lotay, Damaris Engelschman &
Louise Bell 245
Portugal - VdA: Paula Gomes Freire, Benedita Aires & Sebastiao Nogueira 261
Scotland - Brodies LLP: Marion MacInnes, Bruce Stephen, Peter Brading & Craig Henry 278
Spain - Cuatrecasas: Hector Bros & Arnau Pastor 291
Sweden - Roschier: Johan Hager, Dan Hanqvist & Carl Broden 312
Switzerland - Walder Wyss Ltd.: Lukas Wyss & Maurus Winzap 323
USA - Sidley Austin LLP: T.J. Gordon & Pietro Fontana 336
U.S. and EU CLOs: Market Trends and Recent Regulatory Developments - Craig Stein, Phillip J. Azzollini & Martin Sharkey, Schulte Roth & Zabel 8
Securitization as an Integral Part of a Corporate Capital Structure - Bjorn Bjerke, Shearman & Sterling LLP 13
Securitisation and COVID-19: Issues to Consider in 2022 - Mandeep S. Lotay, Gino Murugesan & Louise Bel, Freshfields Bruckhaus Deringer LLP 19
Regulatory Developments in Securitisation in the EU, the UK and the USA - Merryn Craske, Mark Riccardi & Charles A. Sweet, Morgan, Lewis & Bockius LLP 25
Australia - King & Wood Mallesons: Anne-Marie Neagle & Ian Edmonds-Wilson 32
Canada - McMillan LLP: Don Waters & Michael Burns 45
Cayman Islands - Maples Group: Scott Macdonald, James Reeve & Noman Ali 58
China - King & Wood Mallesons: Zhou Jie & Eddie (Zhe) Hu 69
Cyprus - Koushos Korfiotis Papacharalambous LLC: Georgia Charalambous, Annita Evangelou &
Emmelia Kasoulides 83
England & Wales - Sidley Austin LLP: Rupert Wall & Ellina Zinatullina 96
Finland - Waselius & Wist: Maria Lehtimaki & Ville-Veikko Vanttinen 117
France - Orrick, Herrington & Sutcliffe (Europe) LLP: Herve Touraine & Olivier Bernard 128
Germany - Allen & Overy LLP: Dr. Stefan Henkelmann & Martin Scharnke 144
Greece - Bernitsas Law: Athanasia Tsene 160
Hong Kong - King & Wood Mallesons: Paul McBride & Darwin Goei 173
Ireland - Maples Group: Stephen McLoughlin, Callaghan Kennedy & Lynn Cramer 188
Japan - Nishimura & Asahi: Hajime Ueno & Tomoaki Fujii 210
Luxembourg - GSK Stockmann: Andreas Heinzmann & Katharina Schramm 219
Malawi - Ritz Attorneys at Law: Lusungu Gondwe, Doreen Manjandimo Thabwa & Mwaiwathu Majawa 236
Netherlands - Freshfields Bruckhaus Deringer LLP: Mandeep S. Lotay, Damaris Engelschman &
Louise Bell 245
Portugal - VdA: Paula Gomes Freire, Benedita Aires & Sebastiao Nogueira 261
Scotland - Brodies LLP: Marion MacInnes, Bruce Stephen, Peter Brading & Craig Henry 278
Spain - Cuatrecasas: Hector Bros & Arnau Pastor 291
Sweden - Roschier: Johan Hager, Dan Hanqvist & Carl Broden 312
Switzerland - Walder Wyss Ltd.: Lukas Wyss & Maurus Winzap 323
USA - Sidley Austin LLP: T.J. Gordon & Pietro Fontana 336