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Sarah Porter

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Sarah Porter is a Partner in Baker McKenzie's London office.

The simple, transparent and standardised (STS) regime under Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 (EU Securitisation Regulation) has enabled a more risksensitive prudential regulatory treatment for certain European Union (EU) institutional investors investing in securitisation, including credit institutions and insurance companies. 

As a result of Brexit, the EU Securitisation Regulation will be ‘onshored’ by The Securitisation (Amendment) (EU Exit) Regulations 2019 (Securitisation Onshoring Regulations), which seek to adapt the EU Securitisation Regulation to UK domestic law, creating a British version of the EU Securitisation Regulation (UK Securitisation Regulation) that is set to apply in the UK after 11pm on 31 December 2020, the time and date marking the end of the Brexit transition period (TP End Date). 

Progress on the reform of LIBOR has not stopped during the COVID-19 pandemic.

While the overall timing for LIBOR transition has remained unchanged, the Working Group on Sterling Risk-Free Reference Rates (RFRWG) has recognized the need to introduce some flexibility in relation to the interim transition deadlines to ensure that lenders are able to continue to supply credit to the real economy and assist with economic recovery.

The financial markets are experiencing a significant amount of disruption for which there is no precedent. However, in these difficult times it is important that originators, sponsors and securitisation special purpose entities (SSPEs) do not lose sight of their regulatory obligations under Regulation (EU) 2017/2402 (Securitisation Regulation). This short briefing…