ARTICLE
28 September 2021

MFA Seeks Clarification As To SECR Due Diligence Obligations

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The comment letter was submitted in response to the European Commission's consultation on the functioning of the EU Securitisation Framework.
Worldwide Finance and Banking

The Managed Funds Association ("MFA") urged the European Commission to amend the Securitisation Regulation ("SECR") so that non-EU alternative investment funds managers ("AIFMs"), particularly U.S. AIFMs, do not have to comply with the due diligence obligations under the SECR where they market alternative investment funds ("AIFs") to EU investors. The comment letter was submitted in response to the European Commission's consultation on the functioning of the EU Securitisation Framework.

MFA explained that the application of the due diligence obligations to U.S. AIFMs which market AIFs in the EU acts as a deterrent to investment by EU investor in securitization transactions. MFA stated that such a deterrent would ultimately be a loss to EU investors in AIFs, who would lose investment opportunities.

Primary Sources

  1. MFA Comment Letter: European Commission's consultation on the functioning of the EU Securitisation Framework

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