Rule 13a-18
Compliance with Servicing
Criteria for Asset-Backed Securities.
(a) This section applies to every class of
asset-backed securities subject to the reporting requirements of section
13(a) of the Act (15 U.S.C. 78m(a)). Terms used in this section have the
same meaning as in Item 1101 of Regulation AB (229.1101 of this
chapter).
(b) Reports on assessments of compliance with
servicing criteria for asset-backed securities required. With regard
to a class of asset-backed securities subject to the reporting
requirements of section 13(a) of the Act, the annual report on Form 10K
(249.308 of this chapter) for such class must include from each party
participating in the servicing function a report regarding its
assessment of compliance with the servicing criteria specified in
paragraph (d) of Item 1122 of Regulation AB (229.1122(d) of this
chapter), as of and for the period ending the end of each fiscal year,
with respect to asset-backed securities transactions taken as a whole
involving the party participating in the servicing function and that are
backed by the same asset type backing the class of asset-backed
securities (including the asset-backed securities transaction that is to
be the subject of the report on Form 10K for that fiscal year).
(c) Attestation reports on assessments of
compliance with servicing criteria for asset-backed securities required.
With respect to each report included pursuant to paragraph (b) of
this section, the annual report on Form 10K must also include a report
by a registered public accounting firm that attests to, and reports on,
the assessment made by the asserting party. The attestation report on
assessment of compliance with servicing criteria for asset-backed
securities must be made in accordance with standards for attestation
engagements issued or adopted by the Public Company Accounting Oversight
Board.
Note to 240.13a18. If
multiple parties are participating in the servicing function, a separate
assessment report and attestation report must be included for each party
participating in the servicing function. A party participating in the
servicing function means any entity ( e.g. , master servicer,
primary servicers, trustees) that is performing activities that address
the criteria in paragraph (d) of Item 1122 of Regulation AB
(229.1122(d) of this chapter), unless such entity's activities relate
only to 5% or less of the pool assets.
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