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Writer's pictureSimon Roberts

FCA's Consultation on New Securitisation Rules: Shaping the Future Landscape


The regulatory landscape governing securitisation markets is undergoing a significant transformation in the United Kingdom. The established UK Securitisation Regulation, a remnant of EU law, is giving way to a new regulatory framework designed by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). To illuminate this transition, the FCA has initiated a consultation period to gather feedback on its proposed new Handbook rules.


Navigating the Shift


In this changing scenario, the FCA's primary objective is to usher in clarity and efficacy in the securitisation domain. The upcoming changes not only involve the replacement of existing requirements with Handbook rules but also entail strategic updates to enhance the regulatory structure:

  1. Empowering Institutional Investors: A key proposition is the clarification of information needed by UK institutional investors to fulfill their due diligence obligations. By offering precise guidelines, the FCA aims to bolster the role of investors in the securitisation process, fostering a more informed and vigilant investment landscape.

  2. Refining Risk Retention: The consultation emphasizes the refinement of risk retention provisions. This refinement is particularly relevant in the context of adapting to non-performing exposures (NPE) securitisation. These proposed changes reflect the FCA's commitment to keeping regulations attuned to the evolving market dynamics.

  3. Addressing Market Feedback: The FCA is attuned to market feedback and is responding by introducing clarifications in various facets. This consultation seeks to address concerns by enhancing certain aspects of the regulation. Instances include the geographic scope of the UK Securitisation Regulation (UK SR) and the criteria for homogeneity in securitisations adhering to the Simple, Transparent, and Standardized (STS) criteria.

A Glimpse into the Future


The Consultation Paper does not only mirror the FCA's adaptability but also hints at forthcoming advancements. A separate consultation is on the horizon, focusing on updates to the reporting regime. This evolution includes considerations for elevated environmental, social, and governance (ESG) reporting requirements, indicating the FCA's proactive stance in sync with industry trends.


Charting a Forward Path


Engaging stakeholders, industry experts, and participants, this consultation reflects the FCA's collaborative approach. The aim is to create a regulatory framework informed by practical insights and tailored for effectiveness amidst the dynamic securitisation landscape.


Looking Beyond


The FCA's consultation period is an opportunity for reflection and analysis. As the proposed rules are examined, the securitisation industry can anticipate a regulatory foundation that embraces innovation while safeguarding stability and investor interests.

In this era of transformation, the FCA's proactive measures ensure that the regulatory ecosystem remains agile and responsive. Stay tuned as the evolution of securitisation regulations in the UK unfolds, designed to navigate the path ahead with precision and foresight.

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