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Case update: Madden v. Midland Funding

USA - November 6 2015 On May 22, 2015, the U.S. Court of Appeals for the Second Circuit held in Madden v. Midland Funding that the federal preemption provision of the…

Co-authors: Robert Loeb.

Mel Watt of FHFA discusses the common Securitization Platform and credit risk transfers

USA - October 21 2015 In a recent speech, Federal Housing Finance Agency (FHFA) director Melvin Watt discussed key FHFA initiatives for 2016. Watt stated that the common…

Jumpstart Our Business Startups Act eases restrictions on Rule 144A and private offerings – ABS considerations

USA - April 5 2012 President Obama signed the Jumpstart Our Business Startups Act (the "Act") into law earlier today. 

Co-authors: Dora Mao , Boris Volodarsky.

ABS issuers and the Rule 3a-7 exclusion from the Investment Company Act

USA - September 19 2011 On August 31, the SEC issued an advance notice of proposed rulemaking (the “ANPR”) on possible amendments to Rule 3a-7 of the Investment Company Act of 1940 (the “Act”).

Co-authors: Mark M. Racic .

Mortgage REITs and the Investment Company Act 3(c)(5)(c) exclusion

USA - September 9 2011 On August 31, 2011, the SEC issued a Concept Release announcing that the Commission and its staff are reviewing interpretive issues and seeking public comment on interpretations related to Section 3(c)(5)(C) of the Investment Company Act of 1940 (the “Act”) and its use by REITs in acquiring mortgages and mortgage-related instruments.

Co-authors: Mark M. Racic .

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