The Law of Securitisations

Auteur

Pierre de Gioia Carabellese (JD cum laude, PhD, LLM PGCAP, CMr), Professor (Chair) in England and Wales (Huddersfield, School of Law, 2017), has become Professor (full) of Business Law and Regulation in Australia (ECU, Perth, 2020) and Professor (full) of Banking and Financial Law in China (Beijing Institute of Technology, School of Commercial Law, Zhuhai Campus, Hong Kong Area, 2021). Professor de Gioia Carabellese is also a Notary Public in Edinburgh and a qualified lawyer (Solicitor & Avvocato) in both the United Kingdom and Italy.

Camilla Della Giustina is a PhD candidate in Law at Campania University, Luigi Vanvitelli, Italy, and she holds a Juris Doctor cum laude at the University of Padova Law School. She has already contributed 50 research papers, 2 monographs and 1 book.

Texte du rabat

The book "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.

Contenu

Chapter 1 Introduction

1.1. Securitisations: an overview

1.2. Regulatory developments

1.3. The osmosis among securitisations, shadow banking and technology

1.4. Securitisations and capital markets

Chapter 2 Structured finance transactions: STS and sustainability

2.1. The economic structure of securitisations

2.2. Alternative ways of structured finance

2.3. Securitisations and law

2.4. The purpose of the transactions

2.5. The dynamics of securitisations

2.6. Securitisations and assignment of receivables

2.7. Financial disintermediation and structured finance

2.8. Traditional, new and prospective themes: data protection securitisations

2.9. Regulation and supervision

Chapter 3 The new EU "certified" securitisations

3.1. The European dimension of securitisations

3.2. The antecedents of the Securitisation Regulation: the financial crisis 2007-2008

3.3. STS Securitisations

3.4. The simplicity criterion

3.5. The standardisation requirement

3.6. The criterion of transparency

3.7. The "Third Parties Verifiers" and STS criteria

3.8. Structured finance and commercial papers

3.9. The European context: between private and administrative law

3.10. Criminal and administrative law matters

3.11. The UK STS legislative framework after Brexit

Chapter 4 The securitisation process from the due diligence to the ESG factors

4.1. The financial regulation on securitisations

4.2. The due diligence

4.3. The legal opinion

4.4. Due diligence and legal opinion: between a rock and a hard place

4.5. Investors and market protection

4.6. The ESG factors and sustainable securitisations

4.6.1. ESG structured finance within the EU framework

4.6.2. UK Regulation and "unsustainable" finance

4.6.3. Oxymorons and convergences between EU securitisations and regulation.

4.7. From the ESG factors to the Automated Vehicles

Chapter 5 From Fintech to Agritech

5.1. Securitisations and lex argentaria

5.2. Heterodox securitisations: Automated Machines and Vertical Farming