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08 June 2020 / article

The Securitisation Regulation and Alternative Investment Funds: Friends or Foes?

In 2019, the European securitisation landscape became subject to a major overhaul when the Regulation (EU) 2017/2402 of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation entered into force. The aim of the Securitisation Regulation is essentially to consolidate the legal framework governing European securitisations. This chapter will focus on whether this specific regulation should be applicable to AIFs as issuers and securitisation special purpose entities.

ICLG Securitisation 2020 luxembourg Chapter - cover of book - authors - ICLG style

In this Q&A published in International Comparative Legal Guide : Securitisation 2020, our experts assess the application of the Securitisation regulation to the Luxembourg AIFs, analysing cases ruled by the European Court of Justice, and how this court interpreted the EU legislation, based on its wording, purpose and context. 

You can also download the Luxembourg chapter pdf here.

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