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Standardised approach for risk-weighted assets

Sidley Austin LLP
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USA
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August 3 2012

The Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation recently released three proposed rules and one final rule which would substantially revise the federal banking agencies' current capital rules

IRS releases FATCA proposed regulations

Sidley Austin LLP
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USA
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February 9 2012

On February 8, 2012, the Treasury Department released proposed regulations under legislation that requires foreign financial institutions (including foreign banks, brokers, hedge funds and securitization vehicles such as CLOs) to report to the IRS information regarding U.S. account holders

Securities and Exchange Commission issues proposed rules under the Dodd-Frank Act’s prohibition on conflicts of interest for certain securitization participants

Sidley Austin LLP
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USA
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September 26 2011

On September 19, 2011, the SEC approved proposed rules to implement Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”

Securities and Exchange Commission requests comment on proposed rulemaking related to treatment of asset-backed securities transactions under the investment company act

Sidley Austin LLP
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USA
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September 15 2011

The SEC recently released an advance notice of proposed rulemaking (the “ANPR”) with respect to the treatment of asset-backed issuers under Rule 3a-7 under the Investment Company Act of 1940 (the “ICA”) and Section 3(c)(5) of the ICA

SEC re-proposes shelf eligibility rules for asset-backed securities and requests additional comments on other pending ABS proposals

Sidley Austin LLP
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USA
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August 3 2011

On July 26, 2011 the SEC unanimously voted to re-propose rules that would govern the eligibility of asset-backed securities (ABS) to be offered under shelf registration statements (the “re-proposed shelf rules”

SEC releases proposed rules on third party diligence reports for asset-backed securities and other proposed rules applicable to NRSROs

Sidley Austin LLP
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USA
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May 24 2011

As part of the required rule making related to nationally recognized statistical rating organizations ("NRSROs") under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), the SEC recently issued a release (the "Release") containing proposed rules with respect to third-party diligence reports in asset-backed securities transactions as well as the form and certifications to be provided by NRSROs with any ratings actions

Agencies issue proposed Dodd-Frank Act risk retention rule for asset-backed securities

Sidley Austin LLP
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USA
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April 13 2011

On March 29, 2011, the Securities and Exchange Commission, the Office of the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency ("FHFA") and the Department of Housing and Urban Development ("HUD," and collectively, the "Agencies") released a proposed rule (the "Proposed Rule") to implement the credit risk retention requirements of Section 15G of the Securities Exchange Act of 1934 (the "Exchange Act"), as added by Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"

Innkeepers bankruptcy court rules on CMBS certificateholder’s standing

Sidley Austin LLP
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USA
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March 31 2011

In a recent decision, the United States Bankruptcy Court for the Southern District of New York ruled that a certificateholder of two CMBS securitization trusts ("CMBS Trusts") had no standing to be heard in a chapter 11 case involving the borrowers under a securitized mortgage loan held by the CMBS Trusts

SEC releases final rules on ABS representations and warranties disclosure in registered and private transactions and asset level reviews in registered transactions

Sidley Austin LLP
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USA
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January 28 2011

On January 20, 2011, the Securities and Exchange Commission (the "SEC") adopted rules required under Section 943 and Section 945 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") related to representations and warranties in registered and private asset-backed securities transactions and issuer reviews of the underlying assets in registered asset-backed transactions

SEC issues proposed rules on Exchange Act reporting by asset-backed issuers and SEC staff releases no-action letter for asset-backed securities for which reporting was suspended prior to the enactment of the Dodd-Frank Act

Sidley Austin LLP
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USA
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January 10 2011

Under Section 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act"), any issuer of securities registered for sale under the Securities Act of 1933 (the "Securities Act") has reporting obligations with respect to such securities

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