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The Journal of Structured Finance

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Article

The Global Environment for Securitization:
An International Regulatory Overview

Lewis Rinaudo Cohen and Rebecca Hoskins
The Journal of Structured Finance Spring 2014, 20 (1) 86-92; DOI: https://doi.org/10.3905/jsf.2014.20.1.086
Lewis Rinaudo Cohen
is a partner at Clifford Chance US LLP in New York, NY.
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  • For correspondence: lewis.cohen@cliffordchance.com
Rebecca Hoskins
is a professional support lawyer at Clifford Chance US LLP in New York, NY.
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  • For correspondence: rebecca.hoskins@cliffordchance.com
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Abstract

The panel moderator asked the speakers questions concerning global regulatory developments affecting the global securitization market since the 2008 financial crisis. Although senior policy makers are starting to realize the importance of securitization as a global product, an increasing disconnect is emerging among jurisdictions in terms of policy responses. The securitization market is very international. Inconsistency across regulations in different large securitization markets causes difficulties for issuers and investors. Rather than consistency, many regulators appear to be trying to achieve “equivalency.” Regulators are trying to differentiate between high-quality and other securitizations. There are still elements of “punishment” that are coming through in regulation, such as limits on the types of assets that should be included in a bank’s liquidity coverage ratio. Other near-term challenges include the risk retention rule and the Volcker Rule. The second round of the Basel proposals took a lot of positive steps from the first consultative paper, but the new proposal still comes with a bias that securitization needs to have more capital.

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The Journal of Structured Finance: 20 (1)
The Journal of Structured Finance
Vol. 20, Issue 1
Spring 2014
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The Global Environment for Securitization:
An International Regulatory Overview
Lewis Rinaudo Cohen, Rebecca Hoskins
The Journal of Structured Finance Apr 2014, 20 (1) 86-92; DOI: 10.3905/jsf.2014.20.1.086

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The Global Environment for Securitization:
An International Regulatory Overview
Lewis Rinaudo Cohen, Rebecca Hoskins
The Journal of Structured Finance Apr 2014, 20 (1) 86-92; DOI: 10.3905/jsf.2014.20.1.086
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  • Article
    • Abstract
    • Lewis Rinaudo Cohen
    • POLICY DECISIONS AND REGULATORY APPROACHES IMPLEMENTED IN KEY JURISDICTIONS SINCE THE GLOBAL FINANCIAL CRISIS
    • REGULATORY DEVELOPMENTS LIKELY TO SUPPORT A WELL-FUNCTIONING GLOBAL SECURITIZATION MARKET
    • REGULATORY FRICTIONS LIKELY TO ADVERSELY AFFECT CROSS-BORDER SECURITIZATION TRANSACTIONS
    • MARKET RESPONSE TO REGULATORY FRICTIONS; POTENTIAL PRIVATE SECTOR–BASED SOLUTIONS
    • SUGGESTIONS FOR REGULATORY ACTIONS THAT WOULD BETTER SUPPORT A WELL-FUNCTIONING GLOBAL SECURITIZATION MARKET
    • WHAT COULD THE SECURITIZATION MARKET LOOK LIKE TWO YEARS FROM NOW?
    • CONCLUSION
    • Footnotes
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