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Following the end of transitional periods for the application of EU law in the UK, the last couple of years has seen some changes and proposals for change to both the EU and UK securitisation regimes.
Up to this point, the core provisions on risk retention and disclosure have remained largely the same under the two regimes, and divergence has tended to take the form of additions to the legislation by the EU (eg servicer retention, STS for synthetic transactions). However, current proposals in the UK may change that, leaving dual compliance more complicated.
In this article, we review some of the key updates and proposals for change to the securitisation regulatory regime as part of what is known in the UK as the “Edinburgh Reforms”.
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