Structured finance wins protection in Enterprise Act amendments

Author: | Published: 1 Mar 2003

Secondary legislation to amend insolvency reforms in the UK Enterprise Act will extend administrative receivership rights to complex structured finance deals.

The Act, which became law in November, bans creditors from appointing administrative receivers except in special circumstances such as certain capital markets transactions. Lawyers feared the carve-outs did not go far enough in protecting complex structured finance deals involving commercial paper or whole business securitizations.

The carve-outs protect securitized notes, but there were fears that some structures would not be protected because...