Securitisation and structured products

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This Overview provides a guide to the Financial Services content within the Securitisation and structured products subtopic, with links to the appropriate materials.

EU and UK regulation of securitisation and structured products

For high-level guidance on the EU regulatory regime for securitisation and structured products, see Practice Note: EU and UK regulation of structured products and securitisation—one minute guide. For a discussion on sustainable securitisations, see Practice Note: Sustainable securitisations.

The Securitisation Regulation and related measures

As part of the Capital Markets Union Action Plan, the European Commission proposed to differentiate simple, transparent and standardised (STS) securitisations which would benefit from reduced due diligence burdens and more appropriate prudential requirements for banks' and insurers' investments in STS products.

The Commission’s securitisation initiative resulted in:

  1. •

    Regulation (EU) 2017/2402 (the EU Securitisation Regulation) that applies to all EU securitisations and includes due diligence, risk retention and transparency rules, together with the criteria for STS securitisations, and

  2. •

    Regulation (EU) 2017/2401 (the EU CRR Amendment Regulation) which amends the Capital Requirements Regulation (EU) 575/2013 and makes the capital treatment of securitisations for banks and investment firms

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Latest Financial Services News

FSB publishes recommendations to address financial stability risks in NBFI

The Financial Stability Board (FSB) has published three reports related to its work programme to enhance resilience in non-bank financial intermediation (NBFI):

EBA consults on amending RTS to shorten application timeframe for own funds and eligible liabilities

The European Banking Authority (EBA) has launched a consultation on proposed amendments to the regulatory technical standards (RTS) on own funds and eligible liabilities under the Capital Requirements Regulation (Regulation (EU) 575/2013) (CRR), aiming to shorten the timeframe for processing applications to reduce such instruments from four to three months. The EBA notes that it initially extended the period in 2021 to accommodate more complex assessments by competent and resolution authorities, but following a monitoring exercise, it considers that sufficient experience has now been gained to support a shorter timeframe. The proposal also includes removing the simplified procedure for the reduction of the minimum requirement for own funds and eligible liabilities (MREL) instruments for liquidation entities, in line with recent amendments to the CRR. Responses are sought by 9 October 2025, with a virtual public hearing scheduled for 2 September 2025.

European Parliament votes to update list of high-risk third-country jurisdictions

The European Parliament has approved a Commission proposal to update the list of money-laundering and terrorist financing (AML/CTF) high-risk third countries. The following jurisdictions will be added to the list: Algeria, Angola, Côte d’Ivoire, Kenya, Laos, Lebanon, Monaco, Namibia, Nepal, Venezuela. Conversely, Barbados, Gibraltar, Jamaica, Panama, the Philippines, Senegal, Uganda, the United Arab Emirates will be removed.

FCA notes industry criticism but keeps transparency focus

Law360, Expert analysis: On 3 June 2025, the Financial Conduct Authority (FCA) published its updated enforcement guide, following a period of industry consultation. Jane Anderson, senior associate solicitor and lead practice development lawyer, and Garon Anthony, partner, at Irwin Mitchell LLP consider the most notable implications of the guide, with a particular focus on the so-called ‘naming and shaming’ proposals. They also look at what the revisions mean practically for regulated entities and their advisers, with some risk-mitigation takeaways from the newly revised guide.

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