Month: June 2010

CFTC Advisory on U.S. Investors’ Ability to Trade in Foreign Security Futures Products

On June 8, the CFTC’s Division of Clearing and Intermediary Oversight published an Advisory clarifying the extent to which certain sophisticated U.S. customers may transact in foreign security futures products (FSFPs). The Advisory is in response to questions arising out of the SEC’s publication of an order on June 30, 2009, exempting certain sophisticated persons from provisions of the 1934 Act that prohibit the offer and sale of FSFPs to U.S. persons. Press Release. Advisory.

Rating Agency Developments

On June 3, DBRS released its methodology for rating U.S. RMBS servicing advance transactions. DBRS Report.

On June 2, S&P published its approach to analyzing the cash flow of Australian and New Zealand RMBS. S&P Release.

On May 27, S&P released a request for comments on proposed changes to its methodology and assumptions for assessing counterparty and supporting party risk. On May 28, S&P also released a request for comments on proposed changes to counterparty and supporting party risk for structured transactions in Japan. Comments to both of the proposed criteria are requested by June 30. S&P Release. S&P Release (Japan).

On June 2, S&P released an advance notice of proposed changes to the methodologies and assumptions used to rate U.S. securitizations backed by small business loansS&P Release.

Note: Free registration is required for S&P releases and reports

HAMP Supplemental Directive on Principal Forbearance

On June 4, Treasury released supplemental directive 10-05 under the HAMP program which sets forth (i) guidance on principal reduction and a principal reduction alternative, (ii) Treasury’s position regarding the applicability of the servicer safe harbor to residential loan modifications under HAMP, the Second Lien Modification Program and the Home Affordable Foreclosure Alternatives program, and (iii) Treasury’s position regarding the accounting treatment for HAMP modifications that include principal forbearance. Supplemental Directive. Principal Reduction Overview Alternative.