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

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • April 5 2012

President Obama signed the Jumpstart Our Business Startups Act (the "Act") into law earlier today

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

  • Orrick Herrington & Sutcliffe LLP
  • -
  • 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”

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

  • Orrick Herrington & Sutcliffe LLP
  • -
  • 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

FDIC final rule for “safe harbor” protection for securitizations

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • October 18 2010

On September 27, the Board of Directors of the FDIC approved a Final Rule (the "Final Rule") that governs the rights of the FDIC, as conservator or receiver of a failed insured depository institution (a "Bank"), over financial assets previously transferred by such Bank in connection with a securitization or participation transaction

Rating agency updates

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 27 2010

On August 24, Fitch released its revised criteria for rating Trust Preferred CDOs

Fed neighborhood stabilization summit

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 27 2010

On August 26, the Fed announced plans to sponsor a national summit on September 1 and 2 to discuss methods and resources for encouraging neighborhood stabilization in the aftermath of the U.S. home mortgage foreclosure crisis

ISDA streamlines credit derivative novation process

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 27 2010

On August 25, ISDA published 'Additional Provisions for Consent to, Confirmation of, Transfer by Novation of OTC Derivative Transactions'

ISDA publishes HIRE Act Protocol

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 27 2010

On August 23, ISDA published the 2010 HIRE Act Protocol, which addresses the changes in law effected by the HIRE Act, enacted on March 18

FHFA report on condition of GSEs

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 27 2010

On August 16, the FHFA released its first Conservator's Report on the Enterprises' Financial Condition, which discusses key aspects of the financial condition of Fannie Mae and Freddie Mac during conservatorship

MSRB request for comment on underwriting activities of financial advisors

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • August 20 2010

On August 17, the Municipal Securities Rulemaking Board issued a request for comment on draft amendments to Rule G-23, which would prohibit any broker, deal or municipal securities dealer acting as a financial advisor to an issuer in connection with a new issue of municipal securities from also acting as underwriter for such issuance

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