Investor Protection in Securitization Transactions: Analysis of the Legal Framework UEMOA Region and Future Prospects

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Bol In the wake of the 2008 financial crisis, which led to the bankruptcy of many investors worldwide, the WAEMU nevertheless decided to rely on securitization to ensure the refinancing and improvement of the balance sheets of companies in the subregion. This led to the adoption of Regulation 02/2010 of March 30, 2010, concerning debt securitization mutual funds and securitization transactions in the WAEMU. In this context, it is useful to ask the following questions: What is securitization? What is the substance of the legal framework established for investor protection in securitization transactions? What are its limitations? How do the provisions of this Regulation relate to the competing standards of OHADA? This book addresses all of these questions, among others, but also seeks to further the discussion by offering avenues for exploration and solutions to the many challenges posed by this legal framework, with the aim of ensuring effective investor protection in securitization. It is intended not only for practitioners in the securitization field within the UEMOA region but also for academics.

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In the wake of the 2008 financial crisis, which led to the bankruptcy of many investors worldwide, the WAEMU nevertheless decided to rely on securitization to ensure the refinancing and improvement of the balance sheets of companies in the subregion. This led to the adoption of Regulation 02/2010 of March 30, 2010, concerning debt securitization mutual funds and securitization transactions in the WAEMU. In this context, it is useful to ask the following questions: What is securitization? What is the substance of the legal framework established for investor protection in securitization transactions? What are its limitations? How do the provisions of this Regulation relate to the competing standards of OHADA? This book addresses all of these questions, among others, but also seeks to further the discussion by offering avenues for exploration and solutions to the many challenges posed by this legal framework, with the aim of ensuring effective investor protection in securitization. It is intended not only for practitioners in the securitization field within the UEMOA region but also for academics.


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