ESMA_QA_273
16/06/2021
Subject Matter
Clarification of securitisation characteristics
Original question
The "securitisation" is defined as a transaction having several characteristics one of which refers to characteristics listed in Article 147(8) of Regulation (EU) 575/2013.
In 147(8) Regulation (EU) 575/2013 one of the characteristics, namely (b) specifies that "the contractual arrangements give the lender a substantial degree of control over the assets and the income that they generate". Please clarify what is meant by "substantial degree of control over the assets and the income"? Are there any further explanations or clarifications on this matter or is there any practical experience available which could help to set clear criteria of what could be treated as "substantial degree of control" and what could not.
Thank you
In 147(8) Regulation (EU) 575/2013 one of the characteristics, namely (b) specifies that "the contractual arrangements give the lender a substantial degree of control over the assets and the income that they generate". Please clarify what is meant by "substantial degree of control over the assets and the income"? Are there any further explanations or clarifications on this matter or is there any practical experience available which could help to set clear criteria of what could be treated as "substantial degree of control" and what could not.
Thank you
Status: Question Rejected
Additional Information
Level 1 Regulation
Securitisation Regulation (EU) 2017/2402
Additional Legal Reference
Definition of "securitisation" and link to Article 147(8) of Regulation (EU) 575/2013
Topic
Securitisation