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Access all documents on Asset-backed security (ABS)

Asset-backed security (ABS) meaning

What does Asset-backed security (ABS) mean?
In practice, an asset-backed security (ABS) is a debt security whose interest and principal are serviced primarily from the cash flows of a ring‑fenced pool of receivables or other financial assets, typically held by a bankruptcy‑remote special purpose vehicle (SPV). The assets (for example auto loans, credit‑card receivables, leases or trade receivables—and, in market usage, often residential or commercial mortgage‑backed securities) are transferred to the SPV by “true sale”, or, in a synthetic ABS, credit risk is transferred using derivatives or guarantees. ABS structures commonly include tranching, credit enhancement, a defined cash‑flow waterfall, servicing arrangements and security interests over the assets and related accounts in favour of a trustee or security agent. “Asset‑backed security” is a descriptive market term rather than a single statutory definition. However, specific regulatory meanings and disclosure frameworks apply in context, including under the UK onshored Securitisation Regulation and Prospectus Regulation, and the corresponding EU regimes applicable in Ireland. Key requirements include risk retention (typically 5%), transparency/reporting and investor due‑diligence. ABS are used to fund assets, transfer risk and achieve regulatory capital relief. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, subject to jurisdiction‑specific rules on assignment, perfection of security and insolvency.
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View the related Practice Notes about Asset-backed security (ABS)

PRACTICE NOTES
UK collateralised debt obligations: structures and parties; portfolio management, capital structure and hedging; key legal, tax, credit enhancement and regulatory issues under the UK securitisation regime

This Practice Note outlines collateralised debt obligations (CDOs) and the relevant UK regulatory regime. It addresses: fundamentals such as special purpose vehicles (SPVs), securitisation, tranches, and creating security over a portfolio of financial assets, which may include asset-backed securities (ABS), mortgage-backed securities (MBS) and other issues of CDO securities the key participants in a CDO transaction (arranger, portfolio manager, rating agencies, issuer and investors) the principal CDO structures (cash flow CDO, market value CDO and synthetic CDO) the main portfolio management approaches (dynamic and static) the capital structure of SPVs used for CDO transactions the role of hedging in CDO structures key considerations and legal issues for CDOs (bankruptcy remoteness, methods of transferring the underlying assets to the SPV, jurisdiction and tax issues, credit enhancement and overcollateralisation) What is a CDO? Core concepts Collateralised debt obligations (CDOs) are intricate, high-value arrangements involving many parties, extensive documentation and, commonly, multiple jurisdictions. A CDO transaction involves an orphan shell...

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PRACTICE NOTES
Repackagings for practitioners: asset swap repacks, cash flows, SPVs, trustees, programme documentation, listing and key regulatory considerations (prospectus, securitisation, PRIIPs)

This Practice Note offers a concise primer on repackagings. For links to resources with deeper guidance on particular aspects of repackaging transactions, see: Further information. What are repackagings? Repackagings constitute a form of asset-backed security (ABS), i.e. a limited recourse debt instrument issued by a bankruptcy-remote special purpose vehicle (SPV) and secured against a financial asset or a pool of financial assets. The objective of a repackaging is to deliver a bespoke ABS investment with a blend of credit, currency, interest rate and/or payment date features that are otherwise unavailable to the investor. Typically, a repackaging ABS issue is held to maturity by a single investor and may have been prompted by a reverse enquiry from that investor. What is an asset swap repackaging? Asset swap The most straightforward and most common variety of repackaging is an asset swap repackaging (or asset swap repack). An asset swap is a routine market transaction where an investor purchases interest-bearing bonds and then enters into a swap agreement...

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PRACTICE NOTES
Comprehensive glossary of UK restructuring and insolvency terms, covering Companies Act schemes, Part 26A plans, IA 1986 processes, and cross‑border concepts including COMI, UNCITRAL and assimilated EU rules.

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...

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