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Everything Old Is New Again: SEC Re-Proposes Securitization Conflicts of Interest Rule

More than a decade after its initial proposal,1 the US Securities and Exchange Commission (SEC) has re-proposed a new rule 2 under the Securities Act of 1933, as amended (the Securities Act), prohibiting material conflicts...more

Updated Guide to the 2020 Term Asset-backed Securities Loan Facility (TALF) Program (UPDATED)

The US Treasury Department and the Federal Reserve Bank of New York (the New York Fed) have announced the complete terms of a new Term Asset-Backed Securities Loan Facility (TALF) program, which is intended to address the...more

Guide to the 2020 Term Asset-backed Securities Loan Facility (TALF) Program (UPDATED)

The new Term Asset-Backed Securities Loan Facility (TALF) program, which is intended to address the liquidity crisis caused by the coronavirus (COVID-19) global pandemic through non-recourse lending collateralized by...more

Guide To The 2020 Term Asset-backed Securities Loan Facility (TALF) Program (UPDATED)

As of May 28, 2020 - The US Treasury Department and the Federal Reserve Bank of New York (the New York Fed) have announced the complete terms of a new Term Asset-Backed Securities Loan Facility (TALF) program, which is...more

Guide To The 2020 Term Asset-backed Securities Loan Facility (TALF) Program

The US Treasury Department and the Federal Reserve Bank of New York (the New York Fed) have announced the complete terms of a new Term Asset-Backed Securities Loan Facility (TALF) program, which is intended to address the...more

FAQs and Revised Term Sheet Released for Revived TALF Program

The US Treasury Department and Federal Reserve Bank of New York recently released a new set of FAQs and a revised term sheet for the new Term Asset-Backed Securities Loan Facility (TALF) program, which is intended to address...more

First Round of Changes Announced to Revived TALF Program

The US Treasury Department and Federal Reserve Bank of New York last week announced changes to the new Term Asset-Backed Securities Loan Facility (TALF) program, which is intended to address the liquidity crisis caused by the...more

New TALF Program Announced to Support Small Business, Consumer Lending, ABS Markets

A financial crisis-era program is being resurrected to fight the liquidity crisis caused by the global coronavirus (COVID-19) pandemic through lending collateralized by new issuances of asset-backed securities....more

Credit Risk Retention Financing: Threading the Needle

In order to finance ABS interests retained as required by the credit risk retention rules, a securitization sponsor first must wend its way through a thicket of unclear and sometimes apparently contradictory requirements....more

Multijurisdictional Securitization in the Age of Risk Retention

The challenges of complying with both the US rules and the EU rules. Both United States and European Union laws now require 5 percent credit risk retention for securitization transactions. While the jurisdictional scope...more

The FAST Act, New Section 4(a)(7), and Section 4(a)(1½)

The new private resale safe harbor is unlikely to gain traction in private offerings of asset-backed securities. On December 4, 2015, US President Barack Obama signed into law the Fixing America’s Surface Transportation...more

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