Credit Risk Mitigation and Synthetic Securitization Law and Regulation

Banks have long used credit protection tools like security, collateral arrangements, guarantees, and-more recently-securitization to manage credit risk. However, since the 2008-2009 financial crisis, as banks have been required to maintain more capital against their exposures, there has been ever-increasing pressure on banks to mitigate their credit exposures to specific clients so as to manage their capital more efficiently. Today, finance lawyers are increasingly required to ensure these arrangements meet stringent regulatory standards so as to effectively manage capital requirements.

Credit Risk Mitigation and Synthetic Securitization comprehensively addresses the evolving rules and regulations governing the structuring and recognition of credit protection and securitization, with close reference to the global regulatory framework established by the Basel Accords, as well as specific UK and EU laws and regulatory policies. The book provides a detailed analysis of how, why, and when the relevant legal techniques function from a prudential regulatory perspective, including the Basel Framework, EU Capital Requirements Regulation (CRR), and UK Prudential Regulation Authority (PRA) rules.

Focusing on both traditional and modern legal tools including credit risk insurance and synthetic securitization, the book not only outlines the additional legal and regulatory requirements but also explains how these requirements can be satisfied in practice. It highlights common pitfalls faced by transactional and advisory lawyers and offers practical solutions and remedies.

Authored by experienced practitioners who advise banks on the use and treatment of these products, Credit Risk Mitigation and Synthetic Securitization is an invaluable resource for practitioners seeking to navigate the complex legal and regulatory frameworks in the financial sector.

Timothy Cleary, Partner, Clifford Chance LLP,Charles H R Morris, Senior Associate, Clifford Chance LLP

Charles H R Morris is a London-based lawyer specializing in financial regulation, with a particular focus on bank prudential regulation. He advises on UK and international financial services regulation, company law, and insolvency law. Charles has extensive experience in advising banks, investment firms, and other financial institutions on prudential regulatory and resolution-related matters, especially in the context of M&A, securities issuances, and group reorganizations.

Timothy Cleary is a partner in the London office of Clifford Chance LLP. He specializes in structured finance and synthetic securitization, with a particular focus on credit/synthetic risk transfer and bank capital requirements. He acts for banks across the UK and Europe, advising on all aspects of credit risk mitigation and the impact of such arrangements on their regulatory capital requirements. Timothy is acknowledged as a leading expert in the field of synthetic securitization, and has for many years been closely involved with banks and industry bodies in the evolution of the regulatory framework for such transactions.