Securitisation & Structured Finance, Mexico updates

 
Federal court upholds clawback of assets transferred to trust
Hogan Lovells BSTL SC
  • Mexico
  • 15 August 2017

Trusts are the most commonly used special purpose vehicle (SPV) in Mexico. Most securitisations involve the use of a trust as the SPV. Trusts are also used for secured loans, and collateral or payment source trusts are often used in Mexican financings to segregate collateral from the debtor. In addition, almost all project finance involves transferring assets to a trust in order for such trust to be the payment vehicle of the transaction. However, a recent court decision may have put these structures at risk.

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