On October 21, Fitch Ratings released a document titled “Fitch Comments on ABS from FDIC Insured Banks under New Rules.” Fitch is concerned that, upon the effectiveness of the Statement of Financial Accounting Standards No. 166 later this year, banks may cease to qualify for the Federal Deposit Insurance Corporation’s (FDIC’s) 2000 “safe harbor” regulation when the FDIC acts as a conservator for insolvent institutions because they will no longer be able to treat transfers of assets to securitization vehicles as sales under generally accepted accounting principals. For some transactions, Fitch believes ratings higher than the originator may not be possible, but for static and discreet pool securitizations, Fitch “AAA” ratings may still be obtained.
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Fitch comments on FDIC legal isolation issue
- Katten Muchin Rosenman LLP
- Eric Adams, Rachel B. Coan, Hays Ellisen, Reid A. Mandel and Keun Dong Kim
- October 23 2009
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