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by Elana Hahn, Kenneth Kohler, Nimesh
Christie and Melissa Beck
This EIA is a guide to the
principal EU and US securitization regulatory developments and the challenges
and prospects for transatlantic securitization issuers and investors.
The frequency and volume of new
securitization regulation being introduced in the US and the EU presents
challenges. For issuers and investors, there are hidden dangers - and
opportunities - that lie in divergent approaches and extraterritorial effects
of the new and emerging rules. In this Emerging Issues Analysis, we provide a
guide to the principal EU and US securitization regulatory developments and the
challenges and prospects for transatlantic securitization issuers and
investors. We also include a helpful summary chart.
Reforming the Residential Mortgage Securitization Industry
Targeted US Residential Mortgage Industry Reform: The US is
introducing a series of sweeping regulatory measures designed to specifically
address US residential mortgage products, originators, underwriters and
servicers. These are designed to improve the quality of US mortgage loans and
change the systemic infrastructure of the US residential mortgage industry.
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Elana Hahn is a partner at
Morrison & Foerster LLP. Elana Hahn advises financial institutions as
lenders and structurers/arrangers and represents investors, originators and
investment managers in UK, pan-European and international financings. She
principally advises on fund and structured debt deals across a wide range of
asset classes (including master trust, structured investment vehicle, secured
loan, true sale, conduit financing, and warehousing structures).
Kenneth Kohler is senior of counsel at Morrison & Foerster LLP. Mr.
Kohler's practice involves a broad range of corporate and capital markets work,
including public offerings and private placements of equity and debt
securities, mergers and acquisitions of public and private companies, and
disclosure and reporting matters under the federal securities laws.
Nimesh Christie is an associate in Morrison & Foerster's Capital
Markets practice, in the London office. His experience includes advising on
debt and equity capital markets and structured finance transactions involving
listed EMTN programmes, convertible and exchangeable bonds and structured
notes, acting for amongst others financial institutions, corporates, private
equity firms and sovereign issuers.
Melissa Beck is an associate in the Capital Markets Group of the New
York office of Morrison & Foerster. Ms. Beck's practice is focused on the
insurance industry, where she specializes in the life settlement sector. She
has advised clients on the establishment of proprietary programs, the drafting
of transaction documents, the development of policies and procedures, and the
oversight of ongoing operations, including state licensing filings, and has
performed audits on third-party providers for clients. Ms. Beck has experience
in catastrophe bonds, sidecars, and CDO and CLO transactions. She has used her
insurance regulatory knowledge to assist in M&A and litigation projects.