Key documents required for a commercial mortgage-backed securities transaction
Produced in partnership with Ed Bellamy of Paul Hastings
Key documents required for a commercial mortgage-backed securities transaction

The following Banking & Finance guidance note Produced in partnership with Ed Bellamy of Paul Hastings provides comprehensive and up to date legal information covering:

  • Key documents required for a commercial mortgage-backed securities transaction
  • Signing Date
  • Purpose
  • Key points to consider
  • Parties to the Subscription Agreement
  • Purpose
  • Key points to consider
  • Closing Date
  • Parties to the Trust Deed
  • Purpose
  • more

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions—Brexit planning and impact—financial services, Brexit—impact on finance transactions—Key issues for securitisation transactions and Brexit—impact on finance transactions—Derivatives and debt capital markets transactions—key SIs.

This Practice Note sets out the key documents which are required for a commercial mortgage-backed securities (CMBS) transaction including the key parties of each document and the main points to consider in each document and also considers at what point in the transaction such documents should be entered into. As with all financing techniques and transactions there