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16 November 2012

IOSCO publishes recommendations for securitisation regulation


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The International Organisation of Securities Organisations (IOSCO) has published a final report on Global Developments in Securitisation Regulation, which proposes a series of recommendations aimed at ensuring that securitisation markets develop, but on a sound and sustainable basis.


When functioning properly, securitisation is a valuable financing tool that contributes to economic  growth and the efficient diversification of risk. However, the global financial crisis is recognised as  having damaged investor interest and confidence in these markets. Since the outbreak of the crisis, global securitisation markets activity has suffered a significant downturn.

The Financial Stability Board (FSB) is in the process of reviewing reforms of securitisation markets, as part of its ongoing work for the G20 on the shadow banking sector. In this context, the FSB requested that IOSCO conduct a stock-taking exercise on certain aspects of securitisation, including risk retention, transparency and standardisation, and develop policy recommendations as necessary

IOSCO has worked on the premise that regulation can contribute to a restoration of confidence and trust by setting standards market participants must meet to address issues that surfaced through the crisis. These include securitisation practices and structures that created misaligned or wrong incentives and encouraged inadequate risk management practices. IOSCO considers that risk retention requirements and enhanced disclosure requirements have an important role to play in addressing these issues.

IOSCO has analysed the various standards being implemented, and has considered the extent to which different approaches to regulatory reform might result in impediments to cross border activity. Based on this analysis, IOSCO identifies in its report a series of recommendations for consideration by regulators and policy-makers.

These recommendations cover a roadmap towards convergence and implementation of approaches to incentive alignment, in particular regarding risk retention requirements. They build on recent developments in standardised templates for asset level disclosure and other disclosure-related initiatives to assist informed investment decisions.   The report also sets out further issues for consideration to support sound regulation of sustainable securitisation markets.

Risk retention requirements better align the incentives of the suppliers of securitisation products (e.g.  originators/sponsors etc.) and, in particular, investors. Enhanced disclosure requirements about the underlying assets, flow of funds or waterfall and performance of securitisation structures will help inform investors, and have the potential to rebuild investor confidence in the securitisation market. The  greater availability of information will also help reduce the reliance on credit ratings agencies.

The Final Report:

  • makes observations about the role sound securitisation markets can play in supporting economic growth, and the role regulation can play in reducing systemic risk and restoring investor trust and  confidence;
  • provides a snapshot of the global securitisation markets;
  • summarises key themes, observations and issues coming out of the responses to the Consultation  Paper in relation to approaches to risk retention, transparency and standardisation; and
  • makes recommendations in relation to risk retention, transparency and standardisation;
  • identifies other medium- or longer-term priorities for policy consideration.

Full report



© IOSCO


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