The next phase of the European Union’s (the “EU”) new regulatory regime for securitizations will become applicable from January 1, 2019 pursuant to Regulation (EU) 2017/2402 (the “Securitization Regulation”). The Securitization Regulation, which revises and consolidates the existing rules relating to securitizations, in most cases does not directly require compliance by United States (“US”) entities participating in securitization transactions. However, it may indirectly result in US securitization originators, sponsors and securitization special purpose entities being required to provide additional disclosure in order for EU institutional investors to be able to invest in US securitization transactions. This Legal Update discusses what these US entities may be asked to provide.
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