EBA · 2021_6218 Rejected question

Application of Risk Retention Requirements to securitisations which underlying assets are real estate or registered movable assets

Regulation
Regulation (EU) No 2017/2402 (SecReg)
Article
6, para. 1
Topic
Provisions applicable to all securitisations
Submitted by
Law firm
Submitted
2021-09-23
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Question

Does the provision of Article 6(1) of the SecReg apply to securitisations carried out pursuant to Article 7.2 of the Italian Securitisation Law?

Background

Article 7.2 of the Italian Law 130/1999 (" Italian Securitisation Law ") provides that SSPE can purchase real estate, registered movable assets and in rem or personal rights over such assets (e.g. real estate properties or cars) and securitise the proceeds deriving from the ownership of such assets. Therefore, the underlying assets are not receivables but real estate, registered movable assets and in rem or personal rights.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2021_6218

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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