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New Risk Retention Rule for Securitization Proposed for Japan

In this newsletter, we discuss the Japanese FSA's proposed new risk retention requirements for securitization, which were announced on December 28, 2018. The proposed new requirements would amend the method of calculating securitization exposure under the capital requirements applicable to banks etc., instead of directly regulating the originators of securitization products.

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Finance Law Newsletter (February 2019) (976 KB / 5 pages) Download PDF [978 KB]

Authors

有吉 尚哉

His extensive experience includes securitization transactions regarding a wide variety of receivables and other asset classes as a legal counsel for originators, arrangers, and trustees, and he has worked on structured finance transactions involving various schemes, including those achieved for the first time ever in Japan. He has a great deal of experience engaging in the development of new trust products and complicated trust schemes. As he has worked at the Corporate Accounting and Disclosure Division, the Planning and Coordination Bureau, the Financial Services Agency of Japan, and also has experience engaging in the planning of the financial regulations there, he has provided advice to many financial institutions, including banks, trust banks, securities firms, insurance companies, and nonbanks, as well as business companies and start-ups which enter the financial businesses. He also has a great deal of experience advising companies with respect to the application of the financial regulations on novel transactions or products, including FinTech areas. He has a wealth of experience participating as a member of various study groups and working groups, including government and academia conferences, and has frequently written and spoken on a wide range of topics involving legal systems and finance practice; thus, he is recognized as an opinion leader in the field of finance law.

芝 章浩

Akihiro Shiba represents a wide range of clients, including numerous financial institutions and FinTech firms, within and outside Japan, in connection with licensing, compliance and other regulatory matters (such as those related to banking, securities, derivatives, and payments regulations, FDI restrictions, and AML/CFT/CPF requirements), and domestic and cross-border financial transactions (including those related to structured finance and asset management). Since 2014, his practice has focused on various FinTech matters, including those involving various digital tokens (such as cryptocurrencies, securities tokens, stablecoins, and NFTs), online platform-based financial transactions (like social lending and other crowdfunding), and online remittance and payment services (such as mobile payments). He has written numerous books and articles, and given many seminars and lectures, on subjects relevant to his practice areas.

田口 祐樹

As a core member of our acquisition finance practice, Yuki regularly advises private equity funds and major companies (as borrowers) and banks, leasing companies and mezzanine funds (as financers) on M&A transactions. He also advises asset managers and financial institutions on fund formation, fund investment, subscription finance, and other day-to-day issues. He frequently serves as counsel to arrangers and originators in structured finance transactions, primarily those involving securitization of receivables and other assets. His extensive knowledge of his clients’ businesses and relevant financial regulations enables him to offer practical, well-balanced regulatory advice, including advice on the Financial Instruments Exchange Act and the Banking Act of Japan.