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Proposed Risk Retention Rule

June 7, 2011

The SEC and five other federal agencies released this update on proposed new rules to implement the credit risk retention requirements of the Dodd-Frank Reform Act.  All agreed to extend the comment period to 8/1/11;  comments originally were due by 6/10. 

The proposed rule generally would ... require sponsors of asset-backed securities ("ABS's") to retain at least 5% of the credit risk of the assets underlying the securities, and would not permit sponsors to transfer or hedge that credit risk.  Participating in the joint proposal:

  • Board of Governors of the Federal Reserve System
  • Federal Deposit Insurance Corporation
  • Federal Housing Finance Agency
  • Office of the Comptroller of the Currency
  • Securities and Exchange Commission
  • Department of Housing and Urban Development

[SEC PR 11-121, 6/7/11]