SEC Final Rule -- Securitizations under Section 943 of the Dodd-Frank Act

by Howard M. Goldwasser, Lloyd H. Johnson, and Drew A. Malakoff Excerpt: On January 20, 2011, the Securities and Exchange Commission (the "SEC") published a final rule under the Securities Act of 1933 (the "Securities Act") to set requirements for due diligence procedures and...

SEC Proposed Rules Regarding Third-Party Due Diligence Disclosure

On June 8, 2011, the Securities and Exchange Commission (the "SEC") issued a release1 (the "Proposing Release") describing proposed rules (the "Proposed Rules") implementing the portion of Section 932 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the...

Cadwalader Clients & Friends Memo: SEC Re-Proposes Shelf Eligibility Conditions for Asset-Backed Securities

On July 26, 2011, the Securities and Exchange Commission (the "SEC") re-proposed rules (the "Re-Proposal") regarding new shelf eligibility requirements for asset-backed securities ("ABS"). In April 2010, the SEC had proposed rules that would revise the disclosure, reporting...