Receivables Financing in the Context of ABS Securitization

Securitization began to be used as structured finance technique in the U.S. in 1970, being a modality of financing against receivables used by companies in order to allow them to raise liquidities from lenders otherwise inaccessible and at rates of interest which are lower than those imposed by financial and credit institutions. The originator transfers receivables, by means of assignment, to a special created entity that will issue and sell notes to interested investors. The main characteristic of securitization is that the notes are backed by receivables, which are the only assets of the special entity. In the Unites States securitization is a contractual transaction that is not regulated through specific laws; this is more a characteristic for civil law systems and the lately enactment of such laws regulating securitization of receivables in countries like Romania, Ukraine, Poland, Russia supports this idea. The book provides a useful comparative legal analysis of the U.S. and Romanian frameworks on receivables financing and ABS securitization. Moreover, it is one of the few papers addressing the topic from comparative perspective.