March
8, 2005, subject to ...
...
an extended
transition period
- new
rules apply to all ABS offerings beginning 1.01.06
- offerings before then will be
grandfathered
-
Final release commentary
Defines
application of SEC rules
- several rules and forms key off this
definition
Regulation AB 1101(c)
As
adopted, broader
than SEC proposal
-
Allows some use of series trusts
- Covers more lease-backed
securitizations
- Fewer restrictions on delinquent
and non-performing pool assets, prefunding and revolving periods
Excludes
Synthetic securitizations
- Concern
is that payments may be based on the value of a reference asset
- Unrelated
to payments on actual assets in the pool
- Distinguished from securitizations that
use a derivative to "reduce
or alter" risk resulting from the actual assets in the asset pool
- e,g, interest rate swaps, currency swaps or other derivatives
SEC
seeks
further comment
-
About extending ABS definition to cover structured financial products
- Final release commentary