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CFTC further clarifies commodity pool treatment for certain securitizations and provides additional no-action relief for others
- Mayer Brown LLP
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- USA
- -
- December 10 2012
On December 7, 2012, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued interpretation and no-action letter No. 12-45, “Further Exclusions from Commodity Pool Regulation for Certain Securitization Vehicles; No-Action Relief for Certain Securitization Vehicles Formed Prior to October 12, 2012” (the CFTC Second Securitization Letter
Second Circuit Court of Appeals decision highlights potential liability of advisers to related investors in securitizations
- Mayer Brown LLP
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- USA
- -
- August 15 2012
In Bayerische Landesbank, New York Branch and Bayerische Landesbank, plaintiffs-appellants v. Aladdin Capital Management LLC, defendant-appellee, the US Court of Appeals for the Second Circuit considered whether the manager of a synthetic collateralized debt obligation transaction (CDO) owed any direct obligations or duties under the related portfolio management agreement (PMA) to the plaintiffs, as investors in the CDO
Managing the risks and costs of e-discovery in regulatory investigations
- Mayer Brown LLP
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- USA
- -
- November 30 2011
A financial institution is being investigated by the Securities and Exchange Commission (SEC) in connection with the institution’s role as trustee in certain residential mortgage-backed securitization (RMBS) transactions
SEC proposes conflict-of-interest rule for asset-backed securities
- Mayer Brown LLP
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- USA
- -
- October 3 2011
The SEC has issued proposed Rule 127B pursuant to Section 621 of the Dodd-Frank Act
US Securities and Exchange Commission issues concept release and request for comments regarding investment company exclusion under Section 3(c)(5)(c) of the Investment Company Act of 1940
- Mayer Brown LLP
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- USA
- -
- September 21 2011
On August 31, 2011, the United States Securities and Exchange Commission (SEC), in Release No. IC-29778 (Release), provides a concept release and requests public comments regarding mortgage-related pools, including certain real estate investment trusts (REITs) and issuers of mortgage-backed securities, that rely on the exclusion under Section 3(c)(5)(C) of the Investment Company Act of 1940 (ICA or 40 Act
SEC issues final rules regarding suspension of the duty of ABS issuers to file Exchange Act Reports
- Mayer Brown LLP
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- USA
- -
- August 23 2011
On August 17, 2011, the US Securities and Exchange Commission (the “SEC”) issued final rules (the “Final Rules”)1 regarding the suspension of the duty of issuers of asset-backed securities (ABS) to file reports under the Securities Exchange Act of 1934 (the “Exchange Act Reports”
SEC re-proposes shelf eligibility conditions for asset-backed securities
- Mayer Brown LLP
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- USA
- -
- August 4 2011
On July 26, 2011, the US Securities and Exchange Commission (the “SEC”) issued a re-proposal (the “Revised Proposal”) of the Form SF-3 shelf registration statement eligibility rules originally contained in the SEC’s massive Asset-Backed Securities rule proposed in April 2010 (the “Original Reg AB II Proposal”
Enforceability of capital commitments in a subscription credit facility
- Mayer Brown LLP
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- USA
- -
- July 7 2011
A subscription credit facility (a “Facility”), also frequently referred to as a capital call facility, is a loan made by a bank or other credit institution (the “Creditor”) to a closed end real estate or private equity fund (the “Fund”
Overview of the proposed credit risk retention rules for securitizations
- Mayer Brown LLP
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- USA
- -
- April 8 2011
The SEC and various banking and housing regulators have issued amuch anticipated set of proposed rules requiring securitization sponsors to retain a portion of the credit risk in the assets that they securitize
What to look for in securitization regulation in 2011
- Mayer Brown LLP
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- USA
- -
- March 30 2011
Niall Ferguson, in his latest book, The Ascent of Money: A Financial History of the World, wrote that the substantial increase in Western Civilization's standard of living since the Middle Ages has as much to do with the provision of credit within economies as with the constant improvement of scientific technology
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