European Securitisation Forum proposes amendments to Italian law
Trade body the European Securitisation Forum (ESF) has called for a review of Italian securitisation laws to enhance growth and competitiveness.
Corrado Angelelli, partner at law firm Freshfields in Milan and special counsel to ESF, said problems identifying eligible assets and issues relating to the enforceability of transfers of assets in the event of bankruptcy have limited the number of transactions involving future receivables being closed. He said the ESF wants to see changes to address these concerns, along with an amendment to the law to specifically state that a securitised receivable, already existent or a future, due and enforceable, is not subject to the bankruptcy estate of any bankruptcy proceeding commenced against the transferor.
Eugenio Cerioni, co-chairman of the ESF Italian working group, called for better co-ordination between law 130/99 and certain articles of the Italian Civil Code. He said this would allow greater access to the securitisation markets for both the public sector and private developers, because under current rules assets are not adequately segregated. Segregation of both revenue flows and assets involved in a project is critical, he said.
In particular, the ESF would like to see securitisation used more frequently as a source of funding for the Italian real estate market. “Applying securitisation technology to the asset class would give investors a much greater level of protection than currently achieved,” added Holger Beyer, vice-chairman of the ESF.
The ESF also raised a number of concerns about tax. It said clarifying the treatment of tax losses would provide greater certainty to investors. It called for greater clarity regarding tax treatment and withholding of taxes on interest accrued on deposits held by structures established under law 130/99.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Will Iosco’s guidance solve pre-hedging puzzle?
Buy-siders doubt consent requirement will remove long-standing concerns
Responsible AI is about payoffs as much as principles
How one firm cut loan processing times and improved fraud detection without compromising on governance
Could one-off loan losses at US regional banks become systemic?
Investors bet Zions, Western Alliance are isolated problems, but credit risk managers are nervous
SEC poised to approve expansion of CME-FICC cross-margining
Agency’s new division heads moving swiftly on applications related to US Treasury clearing
ECB bank supervisors want top-down stress test that bites
Proposal would simplify capital structure with something similar to US stress capital buffer
Clearing houses warn Esma margin rules will stifle innovation
Changes in model confidence levels could still trip supervisory threshold even after relaxation in final RTS
BlackRock, Citadel Securities, Nasdaq mull tokenised equities’ impact on regulations
An SEC panel recently debated the ramifications of a future with tokenised equities
CCPs trade blows over EU’s new open access push
Cboe Clear wants more interoperability; Euronext says ‘not with us’