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Securitization—once a fairly straightforward means of offering
collateral for investment—has mushroomed into a massively complex area of
financial practice. The central role occupied by such risk-distributing
products as collateral debt obligations (CDOs), credit default swaps (CDSs),
collateral loan obligations (CLOs), and credit derivatives has given rise to
one of the most crucial inquiries of our era: Is the financial collapse that
threatens the world financial system due merely to rogue traders? Or is there
something in the derivative idea itself that spells inevitable disaster? Most
important, can we isolate the truly productive aspects of securitization and
learn to recognise pitfalls in advance? As always in such ideational
minefields, it is the legal practitioners who are expected to provide guidance
to distressed investors and asset dealers. Hence this vital new book.
Written from a distinctly practical point of view by Jan Job de Vries Robbé
with contributions from Paul Ali and Tim Coyne—all three leading authorities
with extensive experience as counsel both in-house and in private practice, in
addition to sterling academic credentials—the book sheds clear light on every
aspect of today’s securitization techniques, including welcome guidance on the
following:
• keeping track of exposure to the CDO market; and
• evaluating such emerging asset classes as commodity risk, microfinance, and
project finance risk.
In the course of the analysis the book proceeds from the relevant framework
and guiding legal principles, through key risks and building blocks in
securitization transactions, to the various product classes and sub-classes
and their differences and common denominators. Non-credit risk and niche
products (such as fund and insurance securitization) are also covered. The
final chapters are devoted to the applicable rules as laid down in Basel II
and International Financial Reporting Standards.
Securitization Law and Practice introduces order, clarity, and renewed
confidence into a troubled area of the law. Its combination of sound
information, insightful knowledge, and practical wisdom will make it a highly
valuable resource for lawyers and students in an indispensable field of
international practice.
Building Blocks. I. Introduction to Securitization; J.J. de
Vries Robbé. II. Securitization: Structure and Documentation;
J.J. de Vries Robbé. Synthetic Structures. III. Credit
Derivatives; J.J. de Vries Robbé. IV. CLOs and CDOs;
J.J. de Vries Robbé. V. Non-Credit Risk Securitization;
J.J. de Vries Robbé. Niche Transactions. VI. Managed
Fund-Style Securitization; P.U. Ali. VII. Insurance
Securitization; P.U. Ali. VIII. Whole Business
Securitization; P U. Ali. IX. Microfinance Securitization;
J.J. de Vries Robbé. Game Rules. X. Regulatory Capital
Standards for Securitization; J.J. de Vries Robbé. XI.
Accounting for Securitizations—the Post-IFRS World; T. Coyne.