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

EBA Q&A 2021_6218 · Rejected question

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 on the question

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.

Answer

This question has been rejected because answering it is considered providing bespoke advice that may be relevant only to the circumstances of certain parties or transactions, which is not the purpose of the tool.For further information on the purpose of this tool and on how to submit questions, please see “Additional background and guidance for asking questions”.

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