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Conditional exemptions to SEC Rule 17g-5(a)(3) relevant for Canadian structured finance issuers
- Stikeman Elliott LLP
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- Canada, USA
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- June 4 2010
Under the SEC's Release 34-61050, published in December 2009, additional disclosure and conflict of interest requirements were imposed on nationally recognized statistical rating organizations (NRSROs) in the United States
Dodd-Frank proposed risk retention rules and safe harbour for foreign transactions
- Stikeman Elliott LLP
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- Canada, USA
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- May 9 2011
On March 29, 2011, the SEC together with a number of other federal regulators and agencies proposed rules relating to risk retention for securitizations which had been mandated by the Dodd-Frank Act in order to "provide a sponsor with an incentive to monitor and control the quality of the assets being securitized and help align the interests of the sponsor with those of investors in the ABS"
Federal Deposit Insurance Corporation (FDIC) approves final rule regarding safe harbor protection for securitizations
- Stikeman Elliott LLP
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- Canada, USA
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- November 1 2010
On September 27, the Board of Directors of the FDIC approved a final rule (the 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 a participation transaction (a Transaction
Transfer and assignment of residential mortgage loans in the secondary mortgage market
- Stikeman Elliott LLP
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- Canada, USA
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- November 25 2010
For those of us who follow the largely self-inflicted trials and tribulations of the US residential securitization business, the recent White Paper from the American Securitization Forum (Transfer and Assignment of Residential Mortgage Loans in the Secondary Mortgage Market) is an interesting review of a couple of current legal issues associated with U.S. residential mortgage conveyancing that relate directly to the integrity of US securitization structures and foreclosure actions
Rating agency updates
- Orrick Herrington & Sutcliffe LLP
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- Canada, USA
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- November 1 2010
On October 25, DBRS released its methodology for rating Canadian public-private partnerships
SEC proposals on ABS: risk retention
- Stikeman Elliott LLP
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- Canada, USA
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- September 16 2010
The market meltdown of 2007-2008 was a complex event and the causes will be debated for many years
CSA proposed securitized products rules - contrast to U.S. approach
- Stikeman Elliott LLP
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- Canada, USA
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- May 2 2011
Pursuant to Reg AB II, the Dodd-Frank Act and the rules implementing that Act (the “U.S. Proposals”), U.S. authorities have proposed the most far-reaching substantive and procedural regulations ever applied to the ABS market
Cross-border factoring Q & A
- Cassels Brock & Blackwell LLP
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- Canada, USA
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- May 6 2011
When first asked to purchase receivables from a Canadian client, a U.S. factor is bound to have a number of questions
SEC and CSA restrictions on the exempt market for securitized products
- Stikeman Elliott LLP
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- Canada, USA
- -
- May 16 2011
As reported earlier, the SEC has included in Reg AB II proposals relating to the private market
Proposal for a new framework for the regulation of securitized products
- Cassels Brock & Blackwell LLP
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- Canada, USA
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- April 14 2011
On April 1, 2011, the Canadian Securities Administrators ("CSA") published a concept paper that outlines its proposal to overhaul the regulation of "securitized products" in Canada (the "Proposal"
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- Jurisdiction - USA
- Jurisdiction - Canada
- Workarea - Securitization & Structured Finance
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