Rule · FDIC · 8 Apr 2021 · 2021-06724
The Federal Deposit Insurance Corporation issued a correcting amendment to its Securitization Safe Harbor Rule. This action rectifies an error in the Federal Register instructions by revising the statutory authority citations for 12 CFR Part 360 to accurately reflect the legal basis for securitization transactions. Effective April 8, 2021, the correction eliminates unnecessary Regulation AB compliance mandates for securitization documents when those obligations are not inherently subject to Securities and Exchange Commission rules.
FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 360 RIN 3064–AF75 Securitization Safe Harbor Rule; Correction AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Correcting amendment. SUMMARY: This document contains a correction to the final regulation related to the Securitization Safe Harbor Rule which was published in the Federal Register on March 4, 2020. DATES: Effective on April 8, 2021. FOR FURTHER INFORMATION CONTACT: F. Angus Tarpley III, Counsel, Receivership Policy Unit, Legal Division, (703) 562–2434, ftarpley@ FDIC.gov; Phillip E. Sloan, Counsel, Receivership Policy Unit, Legal Division, (703) 562–6137, psloan@ fdic.gov; Alys V. Brown, Honors Attorney, Strategic Planning & Operations Group, Legal Division, (202) 898–3565, alybrown@fdic.gov. SUPPLEMENTARY INFORMATION:
Background
The final regulation that is the subject of this correction revised the FDIC’s Securitization Safe Harbor Rule, which relates to the treatment of financial assets transferred in connection with a securitization transaction, in order to eliminate a requirement that the securitization documents require compliance with Regulation AB of the Securities and Exchange Commission in circumstances where Regulation AB by its terms would not apply to the issuance of obligations backed by such financial assets. Need for Correction As published, the final regulation contains an error in the Federal Register instructions to amend the list of authorities cited for 12 CFR part 360. List of Subjects in 12 CFR Part 360 Banks, Banking, Bank deposit insurance, Holding companies, National banks, Participations, Reporting and recordkeeping requirements, Savings associations, Securitizations.
PART 360—[AMENDED]
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“This document contains a correction to the final regulation related to the Securitization Safe Harbor Rule which was published in the Federal Register on March 4, 2020.”
This document amends: Securitization Safe Harbor Rule
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