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SECN 7.2 Securitisation positions as underlying exposures

SECN 7.2.1 R
  1. (1)

    1The underlying exposures used in a securitisation shall not include securitisation positions.

  2. (2)

    Paragraph (1) does not apply to:

    1. (a)

      any securitisation the securities of which were issued before 1 January 2019; or

    2. (b)

      any securitisation in respect of which the FCA has disapplied, modified or dispensed with (1) such that the underlying exposures may include securitisation positions.

SECN 7.2.2 G
  1. (1)

    1Where an originator, sponsor or SSPE has included securitisation positions as an underlying exposure in a securitisation in accordance with SECN 7.2.1R(1) an institutional investor may apply to the FCA for a waiver of SECN 7.2.1R(1) in order to invest in the resecuritisation. The FCA’s applicable waiver powers are set out in SECN Sch 6.