On June 30, the Alternate Reference Rate Committee (ARRC) that works under the auspices of the Federal Reserve Bank of New York published another document to assist capital markets participants in their transition away from use of LIBOR as a transactional interest rate.
Continue Reading ARRC Publishes Additional LIBOR Replacement Materials
Structured Finance and Securitization
SEC Adopts Regulation AB II
On August 27, the Securities and Exchange Commission at an open meeting unanimously adopted Regulation AB II (Reg AB II). The final rule provides significant revisions to Regulation AB, which provides the rules regarding the offering process and disclosure and reporting requirements for publicly registered asset-backed securities (ABS).
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New Guidance on Loan Modifications: IRS Finalizes Rules on Issuer’s Credit Quality and Provides a Safe Harbor for REITs
Co-authored by Brandon D. Hadley
On January 6, the Internal Revenue Service issued final regulations (T.D. 9513) under U.S. Treasury Department Regulation Section 1.1001-3 clarifying that a change in the issuer’s credit quality between the issue date and the modification date of a debt instrument is not considered in determining the nature of the instrument…
IRS Proposes New Definition of ‘Publicly Traded’ Property for Purposes of Determining the Issue Price of a Debt Instrument
Co-authored by Brandon D. Hadley
On January 6, the Internal Revenue Service released proposed rules (REG-131947-10) under U.S. Treasury Department regulation 1.1273-2 that simplify and clarify when property is considered to be “publicly traded” for purposes of determining the issue price of a publicly traded debt instrument and the fair market value of publicly traded…
Financial Reform Legislation Imposes New Requirements Relating to Asset-Backed Securities
On July 15, the U.S. Senate voted to pass the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173), which contains, among other things, provisions addressing risk retention, conflict of interest issues, and the treatment of Nationally Recognized Statistical Rating Organizations (NRSROs) under existing securities laws. The bill will now go to President Obama…