Month: May 2011

FDIC Proposed Rule on Retail Forex Transactions

On May 12, the FDIC proposed a rule to adopt requirements for FDIC-supervised institutions that engage in foreign exchange transactions with retail customers under Section 742 of the Dodd-Frank Act. The proposed rule enhances margin requirements and consumer protection through disclosure requirements and other elements. Comments must be received within 30 days after publication in the Federal Register. FDIC Release. Proposed Rule.

House Subcommittee Hearing on Transparency as Alternative to Risk Retention

On May 11, the House Committee on Oversight and Government Reform Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs held a hearing on whether transparency and disclosure in securitization is a better alternative than the proposed risk retention requirements. Hearing Testimony.

SEC Approves FINRA Amendments for ABS Reporting and Fee Rules

On May 10, the SEC approved proposed amendments to FINRA transaction reporting and notification requirements under FINRA Rule 6730 as well as to reporting fees under FINRA Rule 7730, relating to ABS and the method of calculating the Trading Activity Fee for such securities. These requirements will become effective on May 16. FINRA Notice.

SEC Requests Comment on Assigned Ratings System

On May 10, in connection with Section 939F of the Dodd-Frank Act which mandates the SEC to study the feasibility of an assigned rating system, the SEC published a request for comment on the use of a system in which a public or private utility or a self-regulatory organization would assign an NRSRO to determine credit ratings for structured finance products. Comments must be received within 120 days after publication in the Federal Register. SEC Release. SEC Request for Comment.

Distressed Debt & Assets Symposium – Navigating the Many Paths to Resolution

May 10, 2011 – This event will bring together top executives and industry specialists from the U.S. capital markets for presentations and informed discussions on the state of distress in the markets. Orrick partner Howard Altarescu will speak on the panel “Residential Mortgage Madness – Where do we go from here?” Click here for more information and to RSVP.

Plaintiffs Firm Announces “Investigation” Into Various Banks Regarding FHA Mortgage Insurance

On May 4, 2011, the law firm Keller Rohrback, which currently represents the Federal Home Loan Banks of Seattle and Chicago in various RMBS cases, announced an investigation into a number of banks and mortgage lenders for violations stemming for those banks’ status as Direct Endorsement Lenders for the Federal Housing Administration (“FHA”). According to the announcement, each of the banks, including JPMorgan Chase, Bank of America, Bear Stearns Residential Mortgage, Washington Mutual, Citigroup, Countrywide, and HSBC, received insurance from FHA for the mortgages it originated. The investigation focuses on the banks’ mortgage lending practices, which Keller Rohrback asserts were lax and riskier than FHA’s standards allowed. Specifically, the law firm intends to review the banks’ due diligence standards, evaluations of borrower income, and property appraisals. The U.S. Department of Justice earlier this week commenced an action in the Southern District of New York against Deutsche Bank alleging similar practices. Release.