ESMA_QA_466

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/466

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Regulatory Context

Regulation : SECR

Level 1 Regulation: Securitisation Regulation (EU) 2017/2402

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: STS Securitisations

Subject Matter: Article 20(8) of the Securitisation Regulation (“SECR”) and article 2(4) (b) of the RTS on Homogeneity

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Question

Submission Date: 17 March 2022

Considering the homogeneity factor in a transaction is “jurisdiction”, is it allowed under article 2(4)(b) on the RTS on Homogeneity to view obligors that are branches of a legal entity in a Rome I Country* (e.g., a Dutch branch of an Italian entity) as an obligor with residence in the same jurisdiction as, for example, a legal entity in that jurisdiction (e.g. a Dutch private limited company (besloten vennootschap))?

• Any member state to which the Regulation (EC) No 593/2008 of the European Parliament and of the council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applies.

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ESMA Answer

Answer Date: 10-11-2023

No answer has been published yet for this question.

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This document was automatically extracted from the ESMA EMIR Q&A database.