SEC Final Rule on Suspension of Duty to File

On August 17, the SEC issued a final rule setting forth thresholds for suspension of the reporting obligations for ABS issuers in connection with Section 942(a) of the Dodd-Frank Act, which eliminated the automatic suspension of duty to file under Section 15(d) of the Exchange Act. As adopted, the rule provides that the duty to file reports by an issuer of a registered offering is suspended if there are no ABS outstanding and the issuer has filed all required reports for the three most recent fiscal years or if, at the beginning of a semi-annual fiscal period (other than in the year the registration statement became effective or a shelf takedown occurred), all ABS are held by affiliates of the depositor. The final rule will be effective 30 days after publication in the Federal Register. SEC Final Rule.