Rule 13a-14

Certification Of Disclosure
In Annual And Quarterly Reports
(a) Each report, including transition reports, filed
on Form 10Q, Form 10QSB, Form 10K, Form 10KSB, Form 20F or Form
40F (249.308a, 249.308b, 249.310, 249.310b, 249.220f or 249.240f of
this chapter) under section 13(a) of the Act (15 U.S.C. 78m(a)), other
than a report filed by an Asset-Backed Issuer (as defined in 229.1101
of this chapter) or a report on Form 20F filed under 240.13a19, must
include certifications in the form specified in the applicable exhibit
filing requirements of such report and such certifications must be filed
as an exhibit to such report. Each principal executive and principal
financial officer of the issuer, or persons performing similar
functions, at the time of filing of the report must sign a
certification. The principal executive and principal financial officers
of an issuer may omit the portion of the introductory language in
paragraph 4 as well as language in paragraph 4(b) of the certification
that refers to the certifying officers' responsibility for designing,
establishing and maintaining internal control over financial reporting
for the issuer until the issuer becomes subject to the internal control
over financial reporting requirements in 240.13a15 or 240.15d15.
(b) Each periodic report containing financial
statements filed by an issuer pursuant to section 13(a) of the Act (15
U.S.C. 78m(a)) must be accompanied by the certifications required by
Section 1350 of Chapter 63 of Title 18 of the United States Code (18
U.S.C. 1350) and such certifications must be furnished as an exhibit to
such report as specified in the applicable exhibit requirements for such
report. Each principal executive and principal financial officer of the
issuer (or equivalent thereof) must sign a certification. This
requirement may be satisfied by a single certification signed by an
issuer's principal executive and principal financial officers.
(c) A person required to provide a certification
specified in paragraph (a), (b) or (d) of this section may not have the
certification signed on his or her behalf pursuant to a power of
attorney or other form of confirming authority.
(d) Each annual report and transition report filed on
Form 10K (249.310 of this chapter) by an asset-backed issuer under
section 13(a) of the Act (15 U.S.C. 78m(a)) must include a certification
in the form specified in the applicable exhibit filing requirements of
such report and such certification must be filed as an exhibit to such
report. Terms used in paragraphs (d) and (e) of this section have the
same meaning as in Item 1101 of Regulation AB (229.1101 of this
chapter).
(e) With respect to asset-backed issuers, the
certification required by paragraph (d) of this section must be signed
by either:
(1) The senior officer in charge of securitization of
the depositor if the depositor is signing the report; or
(2) The senior officer in charge of the servicing
function of the servicer if the servicer is signing the report on behalf
of the issuing entity. If multiple servicers are involved in servicing
the pool assets, the senior officer in charge of the servicing function
of the master servicer (or entity performing the equivalent function)
must sign if a representative of the servicer is to sign the report on
behalf of the issuing entity.
(f) The certification requirements of this section do
not apply to XBRL-Related Documents, as defined in 232.11 of this
chapter.
Regulatory History |
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67 FR 57288, Sept. 9, 2002
68 FR 36665, June 18, 2003
70 FR 1621, Jan. 7, 2005
70 FR 6572,
Feb. 8, 2005
70 FR 42247,
July 21, 2005
71 FR 76596,
Dec. 21, 2006 |
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