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Risk Retention Rule Closer to Reality

March 28, 2011

Six government agencies, including the Securities and Exchange Commission, jointly announced that each will consider approving a new rule proposal for addressing Section 941 of the Dodd-Frank Reform Act.  Section 941 requires the agencies to prescribe rules to require that a securitizer retain an economic interest in a material portion of the credit risk for any asset that it transfers, sells, or conveys to a third party. 

The chairperson of the Financial Stability Oversight Council is tasked with coordinating this rule making effort among the agencies.  If approved, the agencies will publish in the Federal Register a notice of proposed rulemaking for public comment.  

In addition to the SEC, the participating agencies are:
  • Board of Governors of the Federal Reserve System
  • Department of Housing and Urban Development
  • Federal Deposit Insurance Corporation
  • Federal Housing Finance Agency
  • Office of the Comptroller of the Currency

[SEC News Release 11-74, 3/28]