La protection des investisseurs dans la titrisation

Abstract

Investors are essential to the financing of the economy and to economic growth. Investor protection is a major concern of the financial regulation. Investor protection is particularly important in securitization operations, due to their greater risks and complexity, along with market failures in the securitization market. Investors should have the proper protection tools, in order to ensure investor protection in this market, while contributing to the financing of the economy and to financial stability. The approach adopted for investor protection should not be merely passive, but it should be followed by a due diligence requirement. In light of the investor protection in securitization, this paper aims to analyze the safeguards available to investors and the due diligence required from particular cases.