Richard J. Facciolo Email & Phone Number

I focus on transactional matters primarily involving the formation and operation of Delaware statutory trusts and other alternative business entities used in private equity and structured finance transactions, as well as entities seeking licensure as a Delaware captive insurance company.I routinely represent Delaware banking organizations in their capacity as trustee of common law and statutory trusts that issue securities backed by auto loans, home equity loans, credit card receivables and mortgage loans. I have been special Delaware counsel in many public and private asset-backed securitizations, trust preferred transactions and project finance transactions. I provide advice regarding the characterization of asset transfers as true sales under the United States Bankruptcy Code and the structuring of special-purpose bankruptcy remote entities to protect against substantive consolidation with affiliates and other persons. Since 1999, I have worked as special Delaware counsel on a significant number of LBO transactions totaling in the aggregate over $100 billion. In 2008, I represented Delaware’s first newly formed company to seek licensure under the Delaware Revised Captive Insurance Company Act in a Regulation XXX transaction. With respect to the formation and operation of such companies, I am a member of the legislative committee of the Delaware Captive Insurance Association and participated in the legislative drafting of Subchapter III of Chapter 69, Title 18 of the Delaware Code, the Delaware Special Purpose Financial Captive Insurance Company legislation and the rewriting of Regulation 302, Captive Financial Insurance Regulation.Specialties: Legal Opinion Practice; Delaware Statuory Trusts; Delaware Limited Liability Companies; Uniform Commercial Code; Bankruptcy Remote Entities; True Sale and Substantive Consolidation; Captive Insurance

Listed skills include Structured Finance, Securitization, Trusts, Project Finance, and 13 others.

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  Director

  Richards, Layton & Finger P.A.

  Aug 1998 - Present

  Member of Firm's Investment Committee; Benefits Committee; and Paralegal Committee