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Clifford Chance

Clifford Chance

Briefings

Elephant spotting – Risk Retention under the CRR

26 March 2014

In this briefing we explore a number of key themes which are becoming apparent around financings of loan portfolio acquisitions and "businesses" generally, in relation to the new EU regulatory capital regime and its recasting of the securitisation risk retention rules. In this context, we also consider the requirement for tranching to determine the distribution of losses "during the ongoing life of the transaction" as a threshold for a transaction being a securitisation and look at Recital 50 of the CRR and the financing of physical assets.

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