Securitizations: Legal and Regulatory Issues

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Law Journal Press, 2000 - 1790 pages
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Securitizations: Legal and Regulatory Issues is a much-needed guide to one of the most strategically important areas of structured finance. Written by over two dozen experts with hands-on experience, this timely and insightful work explains the benefits--and risks--of securitization, and the legal, tax, accounting, and other issues involved. It includes: detailed discussion of the assets that can be securitized; rating agency considerations; the legal structure of securitization transactions; tax consequences for issuers and investors; the effect of an issuer' bankruptcy; contractual restrictions; regulatory concerns; cross-border and future-flow transactions; financial guaranty insurance; insurance securitizations; and securitization issues unique to specific foreign countries. For newcomers to the field, Securitizations: Legal and Regulatory Issues quickly brings you up to speed. For the experienced practitioner, it serves as an essential companion and reference as new techniques arise and new markets emerge.

Book ʎ looseleaf, one volume, 1,234 pages; published in 2000, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-091-3

 

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Contents

2
2-4
2
2-13
CHAPTER 4
4-1
CHAPTER 5
5-1
2 QSPE Criteria 610
6-1
2 Calculating Gain or Loss in a Revolving
6-2
Securitizations 530
6-5
Structure 648
6-6
CHAPTER 20
20-1
207
20-7
Securitizations in Ireland
21-1
CHAPTER 23
23-1
CHAPTER 11
23-11
CHAPTER 24
24-2
CHAPTER 19
24-19
CHAPTER 25
25-1

3 A Gain on Sale Calculation Template 649
6-49
4 A Revolving Credit Card Securitization Calculation Example 651
6-51
5 A Lease Securitization Example 652
6-52
6 Fair Value 654
6-56
8 Estimating Fair Value 657
6-57
9 Recording an Asset for Servicing 658
6-58
10 Recording Retained Credit Risk 663
6-63
12 Desecuritization Transactions 665
6-65
Prepayment andor Credit Risk 666
6-66
2 Determining Periodic Interest Income 668
6-68
3 Determining Whether an Impairment Charge is Required 669
6-69
4 Changing the Yield and Recognizing a WriteDown on an Investment Covered by EITF 9920 670
6-70
CHAPTER 7
7-1
11
7-2
Conduit
7-7
CHAPTER 8
7-8
Commercial Mortgage Loan Securitizations
7-27
03
8-14
04
8-20
07
8-32
Where Loans are the Referenced
9-1
b True Sales and Revised Article 9 516
9-9
CHAPTER 12
11-5
CHAPTER 10
12-1
CHAPTER 13
13-1
CHAPTER 14
14-1
CHAPTER 21
14-21
CHAPTER 15
15-1
CHAPTER 16
16-1
CHAPTER 18
18-1
9 Interpretation of Various SEC Rules
18-9
CMBS
19-1
f Two Classes of Persons Exposed
25-28
6 Foreign Exchange Gains and Losses 2573
25-73
ii GSTFree Supplies 2575
25-75
iv Financial Supplies 2577
25-76
v Incidental Financial Supplies 2577
25-77
d Reverse Charging 2578
25-78
e Registration Under the GST Act 2579
25-79
ii Registration of a Securitization Trust 2580
25-80
g Conclusion 2581
25-81
09 Stamp Duty and Securitization in Australia 2582
25-82
3 Creation of a Securitization Trust 2583
25-83
5 Charge Over Property 2584
25-84
6 Issue of Securities to Investors 2585
25-85
9 Relief in Other States 2589
25-89
10 The Regulation of the Participation by Banks and Other DepositTaking Institutions in Securitizations in Australia 2590
25-90
b Separation and Disclosure 2591
25-91
c Provision of Facilities by ADIS 2592
25-92
e APRAs New Conglomerate Capital Adequacy Regime 2593
25-93
3 Covered Bonds 2594
25-94
4 Basel II 2595
25-95
5 Conclusion 2596
25-96
Insurance Securitizations
26-1
CHAPTER 27
27-1
b Accounting of the FCC 2732
27-32
CHAPTER 17
8
Structures 172
17
1 General Characteristics of a Master
1
Glossary of Mnemonics
Index
1
a Representation and Warranties 134
13
Copyright

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About the author (2000)

C. VanLeer Davis III

C. VanLeer Davis III is a Of Counsel to the Philadelphia office of Dechert LLP and a member of the firm s domestic tax group. Mr. Davis received his B.A. from Princeton University and his J.D. from Harvard University.



Patrick D. Dolan

Patrick D. Dolan is a partner at Norton Rose Fulbright, a global law firm, where he focuses his practice on asset-backed and mortgage-backed securitizations, including those involving innovative structures. Mr. Dolan received his B.A. from Swarthmore and his J.D. from the University if Chicago.

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