RADOST CAPITAL
On 9 February 2022, the Luxembourg Chamber of Deputies (Chambre des Députés), adopted the law modernising the Luxembourg law of 2 March 2004 on securitisation, as amended (the New Securitisation Law). The New Securitisation Law enhances legal certainty and flexibility of the Luxembourg securitisation regime, while ensuring and increasing effective protection for investors.
The Luxembourg Securitisation Law does not impose any restrictions on the basis of assets that can be securitised. RADOST CAPITAL COOPSA and its Administration and Calculation Agent RADOST SA structure and implement securitisations by setting up compartments. We aim to accompany our initiators and the institutional investors individually throughout the entire securitisation process. The possibilities of securitisation are broad. Basically, any tangible and intangible asset can be securitised with sufficiently determinable values or future cash flows.
There is a high level of investor protection and issuer default protection under Luxembourg law. The use of depository bank and trustee are possible. The investors‘ rights and obligations are limited to their specific compartment as it is ringfenced. In addition, a separate liquidation of a compartment is possible.
There is almost complete tax neutrality, i.e. a compartment is treated beneficial from a tax point of view. All payments made by the compartment in relation to issued securities are fully tax-deductible expenses for the compartment. Furthermore, securitisation vehicles and their compartments benefit in general from a large number of Luxembourg double taxation treaties.