Securitisation : law, examples, analysis
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Securitisation : law, examples, analysis
Analysis and examples by a trust company in Luxembourg
Securitisation : law, examples, analysis
Securitisation : law, examples, analysis
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Securitisation : law, examples, analysis
Securitisation : law, examples, analysis
Securitisation : law, examples, analysis
Securitisation : law, examples, analysis

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Securitisation : law, examples, analysis

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Introduction to securitisation in Luxembourg

The Securitisation in Luxembourg is the operation by virtue of which one undertaking (fund or company or a special purpose vehicle - SPV) acquire or assume the risks linked to receivables, to any type of assets ou any commitment assumed by third parties or linked with the activities realized by third parties, by issuing any type of securities which value and yields are linked with these securitised assets.

Titrisation au Luxembourg

Such a securitisation undertaking incorporated under the Luxembourg lax can acquire underlying assets such as:

A Securitisation Fund or a Securitisation Company are undertakings which can be set up by investors or promoters (institutionals, professionals or private) pursuant the rules set by the Luxembourg Law of 22nd of March 2004 on the securitisation in Luxembourg. Some segregated fiduciary portfolios can be set up to loge these securitised assets.

Example of an asset securitisation

Example of an asset securitisation

The securitisation undertakings or a special purpose vehicle can issue different types of securities representing the incomes linked to these assets issued from the securitisation like:

  • Stocks issued by a securitisation company or
  • Shares issued by a securitisation fund but also
  • Issuance of hybrid financial products as notes, debentures,… remunerated by a variable interests, some Euro-Medium Term Notes which value and return are linked with the assets issued from the securitisation, securitized assets subordinated notes, convertibles in other equities issued by the securitization undertaking (SPV),…

These financial instruments can be placed on the stock exchange or simply issued under a private placement memorandum.

Various examples are listed among which the promoter or the investor will use the securitisation Law in Luxembourg which will be a usefull tool in so far that the number of domain of application are unlimited. The interpretations of the Commission de Surveillance du Secteur Financier (CSSF Luxembourg), in the frame of its 2007 report highlights these various possibilities.

The recent actuality has also highlights that institutionals have refinanced their operations on the market. As in any placement proposal or refinancing, it is absolutely essential that the investors are strictly informed of the risks taken by such operations and their expected yields.
Securitisation : law, examples, analysis
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Securitisation : law, examples, analysis