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Issuance Of Residential Mortgage Backed Securities In Australia Legal And Regulatory Aspects
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Book Synopsis Issuance of Residential Mortgage-Backed Securities in Australia - Legal and Regulatory Aspects by : Pelma Jacinth Rajapakse
Download or read book Issuance of Residential Mortgage-Backed Securities in Australia - Legal and Regulatory Aspects written by Pelma Jacinth Rajapakse and published by . This book was released on 2013 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Australia, the term “residential mortgage-backed securities” (RMBSs) denotes debt securities, which are secured, in respect of principal and interest on a pool of residential mortgages. A public trustee company specially established solely for this purpose, which is known as a “special purpose vehicle” (SPV), issues the RMBSs. The issue of debt securities by trustee companies is unique to the Australian RMBS programs.In a typical residential mortgage securitisation program, a housing loan provider, generally referred to as the originating bank or the mortgage originator, “pools” selected housing loans and - for a price - transfers its rights under the loan agreements to the trustee. A public trustee company then issues RMBSs, which are secured, in respect of principal and interest on a pool of residential mortgages. The RMBSs are typically issued in the form of bonds or notes, to investors. These RMBSs are in practice invariably characterised as “debentures” for the purpose of the Corporations Act 2001 (Cth), the requirements of which mandate a trust structure for SPVs that issue RMBSs in Australia. The income received by the SPV, from the loan repayments made by the initial housing loan borrowers, acts as a cash inflow against which the trustee-issuer's obligations under the RMBS issue are offset.
Book Synopsis Commercial Law Aspects of Residential Mortgage Securitisation in Australia by : Pelma Rajapakse
Download or read book Commercial Law Aspects of Residential Mortgage Securitisation in Australia written by Pelma Rajapakse and published by Springer. This book was released on 2019-04-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates key commercial law aspects of the relevant law and legislation governing residential mortgage-backed securities (RMBSs) in Australia from a legal perspective. Within the context of a “public benefit test” framework, the book seeks to critically evaluate the impact and effectiveness of current law and regulation governing RMBSs. There is a dearth of both academic and practical literature on the legal and regulatory issues surrounding RMBSs in Australia. The book aims to make a contribution to the formulation of law and public policy by suggesting a number of reforms to the current law and practice surrounding RMBSs in Australia. In part, these suggested reforms will be based on the lessons learned from the experiences of overseas jurisdictions such as Canada, the U.K, and the United States.
Book Synopsis Residential Mortgage Securitisation in Australia by : Pelma Jacinth Rajapakse
Download or read book Residential Mortgage Securitisation in Australia written by Pelma Jacinth Rajapakse and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract : In a residential mortgage-backed security (RMBS) program, a bank or other financial institution sells its rights in a pool of home loans to a special purpose vehicle (SPV), which pays for the asset pool by issuing fixed or floating rate bonds in the financial markets to institutional investors. The SPV finances the interest and principal payments under these bonds from the pooled home loan repayments. The SPV is a 'special purpose' vehicle in the sense that it is established especially, and solely, for the purpose of acquiring the asset pool and issuing bonds against it. In practice in Australia, the SPV itself is invariably structured as a trust, which holds the asset pool on behalf of the bondholders. Frequently, but not always in Australia, the income and security features of the asset pool are effectively split, so that the SPV retains the rights to the income from the asset pool, but grants a charge or charges over the property in the asset pool in favour of a separate 'security trustee', who holds these on behalf of the bondholders. In selling the asset pool to the SPV, the bank or financial institution removes those assets-subject to prudential regulator approval-from its balance sheet for prudential regulation purposes. This has the effect of substantially reducing the bank's or institution's operating costs. For regulatory and tax purposes, it is important that the SPV is seen to be entirely independent of the originating bank or institution; that the sale to the SPV is seen as a 'clean sale'; and the SPV is 'insolvency-remote', in the sense that the asset pool cannot be put at risk by the insolvency of the SPV or the originating institution. Securitisation via RMBS programs involves the risk that borrowers might find their homes sold by downstream financial intermediaries who have 'purchased' their bank's or independent mortgage provider's (IMP's) mortgagee rights, not due to a failure to pay on the part of the borrowers but as a result of the insolvency of, or some act or omission by, a downstream financial intermediary in the supply chain. This begs the question of whether most home loan borrowers are aware of this risk at the time of taking out their loans. Experience would indicate that most are not, and nor is it specifically brought to their attention. The risk that the banks and the IMPs run, if they do not bring the risks of their participation in RMBS programs to the attention of home loan borrowers, is that they could ultimately face a wave of litigation similar to that precipitated by the foreign currency loan scandals during 1985-1990. In essence, all of that litigation arose, not from the complicated nature of then-'novel' financing arrangements, but from the banks' failure to notify borrowers of the risks involved. In those cases, the borrowers faced the risk of their mortgage properties sold, not through any conscious default on their part, but because of adverse exchange rate fluctuations over which they had no control. Compounding this risk is the fact that there is currently no specific legislation requiring banks or IMPs to bring the risks of securitisation to the attention of their home loan borrowers. While it is (arguably) true that borrowers may be protected by section 52 of the Trade Practices Act 1974 (Cth), State and Territory Fair Trading Acts, and equivalent provisions in the Corporations Act 2001 (Cth), this is by no means clear and unequivocal. The research undertaken for this thesis gives rise to the recommended that this gap be met by legislation requiring the banks and IMPs to inform their home loan borrowers of the risks of securitisation - in particular, the appreciable risk that they could lose their homes through no fault of their own. The aim is not to preclude banks and IMPs from engaging in RMBS programs, but, given that there is a significant risk to borrowers if they do, then borrowers (not banks or IMPs) should be the ones who decide whether they are prepared to bear such risk. In addition, this thesis makes a number of policy recommendations aimed at minimising the information gap between borrowers and securitisers, and minimising potential moral hazard problems within RMBS programs in Australia. First, if the market for RMBSs in Australia expands substantially in the foreseeable future, the regulation of the market may require amendment to allow the sale of RMBSs of less than $500,000 to retail investors, as distinct from the higher face value securities currently marketed to 'sophisticated' institutional investors. If RMBSs are issued to the public, new provisions in the Corporations Act, or possibly an entirely separate regulatory regime, may become necessary. In this context, the approach taken in the United States under the Investment Company Act 1940 could serve as a useful model for Australia. Second, new legislative provisions could be introduced to bring to the notice of home loan borrowers, the relevant assignment clauses in the housing loan contracts, and their implications, and to ensure that borrowers are fully informed of the risks involved. Third, amendments to the various State Consumer Credit Codes could be introduced in a way that could make the legislation uniform across States, to eliminate current disparities in stamp duty and administrative charges between the States. Fourth, the Australian Prudential Regulation Authority (APRA) and perhaps the Reserve Bank of Australia should investigate whether the risk-weighting for RMBSs for capital adequacy purposes in Australia could be reduced to something less than the current 100%. Fifth, the Corporations Act could be amended to mandate more timely disclosure of information about RMBSs, perhaps on a pool basis, to assist fund managers to analyse the prepayment risk in the mortgages and improve efficiency, pricing and investor confidence. Finally, a panel of independent experts could be established to advise APRA and the Australian Securities and Investments Commission (ASIC), where necessary, on complex issues involving RMBSs.
Book Synopsis Securitizations by : Patrick D. Dolan
Download or read book Securitizations written by Patrick D. Dolan and published by Law Journal Press. This book was released on 2000 with total page 1220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by over two dozen experts with hands-on experience, this timely and insightful work explains the benefits--and risks--of securitization, the legal tax, accounting, and other issues involved.
Book Synopsis The Federal Reserve System Purposes and Functions by : Board of Governors of the Federal Reserve System
Download or read book The Federal Reserve System Purposes and Functions written by Board of Governors of the Federal Reserve System and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth overview of the Federal Reserve System, including information about monetary policy and the economy, the Federal Reserve in the international sphere, supervision and regulation, consumer and community affairs and services offered by Reserve Banks. Contains several appendixes, including a brief explanation of Federal Reserve regulations, a glossary of terms, and a list of additional publications.
Book Synopsis The Regulatory Aftermath of the Global Financial Crisis by : Eilís Ferran
Download or read book The Regulatory Aftermath of the Global Financial Crisis written by Eilís Ferran and published by Cambridge University Press. This book was released on 2012-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd–Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.
Book Synopsis The University of New South Wales Law Journal by :
Download or read book The University of New South Wales Law Journal written by and published by . This book was released on 2003 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Salomon Smith Barney Guide to Mortgage-Backed and Asset-Backed Securities by : Lakhbir Hayre
Download or read book Salomon Smith Barney Guide to Mortgage-Backed and Asset-Backed Securities written by Lakhbir Hayre and published by John Wiley & Sons. This book was released on 2001-05-07 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Markt für hypothekarisch gedeckte und forderungsbesicherte Wertpapiere ist seit 1980 von etwa 1 Milliarde US Dollar auf über 2,5 Billionen US Dollar angestiegen. Der "Salomon Smith Barney Guide to Mortgaged-Backed and Asset-Backed Securities" trägt dieser Entwicklung Rechnung. Autor Lakhbir Hayre, Mitarbeiter von Salomon Smith Barney, New York, erläutert dieses Thema anhand von unternehmeninternem Material anschaulich, zusammenhängend, praxisnah und umfassend. Dieses Buch ist nicht nur ein nützlicher Leitfaden für die Praxis, sondern auch ein ideales Übungsbuch und Nachschlagewerk für alle Investmentprofis, institutionelle Anleger und Anleger in Pensionsfonds und Hedge Funds.
Author :International Monetary Fund. Monetary and Capital Markets Department Publisher :International Monetary Fund ISBN 13 :1498321119 Total Pages :85 pages Book Rating :4.4/5 (983 download)
Book Synopsis Canada by : International Monetary Fund. Monetary and Capital Markets Department
Download or read book Canada written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2019-06-24 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Financial System Stability Assessment paper discusses that Canada has enjoyed favorable macroeconomic outcomes over the past decades, and its vibrant financial system continues to grow robustly. However, macrofinancial vulnerabilities—notably, elevated household debt and housing market imbalances—remain substantial, posing financial stability concerns. Various parts of the financial system are directly exposed to the housing market and/or linked through housing finance. The financial system would be able to manage severe macrofinancial shocks. Major deposit-taking institutions would remain resilient, but mortgage insurers would need additional capital in a severe adverse scenario. Housing finance is broadly resilient, notwithstanding some weaknesses in the small non-prime mortgage lending segment. Although banks’ overall capital buffers are adequate, additional required capital for mortgage exposures, along with measures to increase risk-based differentiation in mortgage pricing, would be desirable. This would help ensure adequate through-the cycle buffers, improve mortgage risk-pricing, and limit procyclical effects induced by housing market corrections.
Book Synopsis Guaranteed to Fail by : Viral V. Acharya
Download or read book Guaranteed to Fail written by Viral V. Acharya and published by Princeton University Press. This book was released on 2011-03-14 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why America's public-private mortgage giants threaten the world economy—and what to do about it The financial collapse of Fannie Mae and Freddie Mac in 2008 led to one of the most sweeping government interventions in private financial markets in history. The bailout has already cost American taxpayers close to $150 billion, and substantially more will be needed. The U.S. economy--and by extension, the global financial system--has a lot riding on Fannie and Freddie. They cannot fail, yet that is precisely what these mortgage giants are guaranteed to do. How can we limit the damage to our economy, and avoid making the same mistakes in the future? Guaranteed to Fail explains how poorly designed government guarantees for Fannie Mae and Freddie Mac led to the debacle of mortgage finance in the United States, weighs different reform proposals, and provides sensible, practical recommendations. Despite repeated calls for tougher action, Washington has expanded the scope of its guarantees to Fannie and Freddie, fueling more and more housing and mortgages all across the economy--and putting all of us at risk. This book unravels the dizzyingly immense, highly interconnected businesses of Fannie and Freddie. It proposes a unique model of reform that emphasizes public-private partnership, one that can serve as a blueprint for better organizing and managing government-sponsored enterprises like Fannie Mae and Freddie Mac. In doing so, Guaranteed to Fail strikes a cautionary note about excessive government intervention in markets.
Book Synopsis Financial Institutions and Markets by : Ben Hunt
Download or read book Financial Institutions and Markets written by Ben Hunt and published by Cengage AU. This book was released on 2018-09-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial Institutions and Markets focuses on the operation of Australias financial system. Thoroughly updated, this eighth edition retains the structure of the seventh edition, examining the financial systems three main functions: settlement, flow-of-funds and risk transfer. The book provides a comprehensive and comprehensible integrated account of the activities of Australias financial institutions and markets and their instruments including the major capital and foreign exchange markets, and the markets for derivatives. This new edition is complemented by digital resources on the MindTap online platform - also enabling flipped delivery of the content, expanded learning objectives, and updated case studies and research to cover recent events such as Brexit. Premium online teaching and learning tools are available to purchase on the MindTap platform Learn more about the online tools cengage.com.au/learning-solutions
Book Synopsis Shadow Banking and Market-Based Finance by : Tobias Adrian
Download or read book Shadow Banking and Market-Based Finance written by Tobias Adrian and published by International Monetary Fund. This book was released on 2018-08-01 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Variants of nonbank credit intermediation differ greatly. We provide a conceptual framework to help distinguish various characteristics—structural features, economic motivations, and risk implications—associated with different forms of nonbank credit intermediation. Anchored by this framework, we take stock of the evolution of shadow banking and the extent of its transformation into market-based finance since the global financial crisis. In light of the substantial regulatory and supervisory responses of recent years, we highlight key areas of progress while drawing attention to elements where work still needs to be done. Case studies of policy challenges arising in different jurisdictions are also discussed. While many of the amplification forces that were at play during the global financial crisis have diminished, the post-crisis reform agenda is not yet complete, and policy makers must remain attentive to new challenges looming on the horizon.
Book Synopsis Benefits and Costs of Bank Capital by : Jihad Dagher
Download or read book Benefits and Costs of Bank Capital written by Jihad Dagher and published by International Monetary Fund. This book was released on 2016-03-03 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The appropriate level of bank capital and, more generally, a bank’s capacity to absorb losses, has been at the core of the post-crisis policy debate. This paper contributes to the debate by focusing on how much capital would have been needed to avoid imposing losses on bank creditors or resorting to public recapitalizations of banks in past banking crises. The paper also looks at the welfare costs of tighter capital regulation by reviewing the evidence on its potential impact on bank credit and lending rates. Its findings broadly support the range of loss absorbency suggested by the Financial Stability Board (FSB) and the Basel Committee for systemically important banks.
Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Book Synopsis Financial System Inquiry by : Financial System Inquiry (Australia)
Download or read book Financial System Inquiry written by Financial System Inquiry (Australia) and published by . This book was released on 1997 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studies in Insurance Policy written by and published by The Fraser Institute. This book was released on with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :International Monetary Fund Publisher :INTERNATIONAL MONETARY FUND ISBN 13 :9781475563412 Total Pages :0 pages Book Rating :4.5/5 (634 download)
Book Synopsis Australia by : International Monetary Fund
Download or read book Australia written by International Monetary Fund and published by INTERNATIONAL MONETARY FUND. This book was released on 2012-11-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian legal and regulatory framework for securities markets exhibits a high level of compliance with the International Organization of Securities Commissions (IOSCO) Principles. A few remaining concerns need to be resolved, including some identified in the 2006 assessment. Australian Securities and Investments Commission’s (ASIC) operational independence and sufficiency of resources are overarching concerns which impair its ability to discharge its supervisory functions adequately and effectively across the entire regulated population.
