SEC Adopts First of ABS Disclosure Regulations
By The Securities Litigation and Enforcement Practice
On January 20, 2011, the Securities and Exchange Commission (SEC) voted on two sets of rules for asset-backed securities (ABS). The Commission approved both rules implementing aspects of section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). One rule affects disclosure by adding a requirement that ABS issuers disclose the history of demands they received and repurchases made related to outstanding asset-backed securities. The second rule addresses issuer review of the underlying assets. All registered offerings of asset-backed securities after December 31, 2011 must comply with these rules.