securitization safe harbor

Fitch Report on FDIC Safe Harbor and Orderly Liquidation Authority

On February 28, Fitch addressed questions that have arisen related to the orderly liquidation authority under the Dodd-Frank Act and the securitization safe harbor. Fitch stated that clarifications from the FDIC provide comfort that the rights of investors can be determined at the outset of a securitization and that the ratings assigned to the transaction can be de-linked from those of the sponsoring entity. Fitch Release. Fitch Report.

FDIC Final Rule on Securitization Safe Harbor

On September 27, the FDIC approved a final rule providing a safe harbor for securitizations and participations by insured depository institutions that later become subject to FDIC receivership. The final rule grandfathers certain transactions during a transition period by providing a safe harbor if the transaction would qualify as a sale for accounting purposes under GAAP pre-FAS 166/167. To be afforded the full protection of the safe harbor, transactions occuring after the transaction period must (i) satisfy the conditions of the rule, including disclosure and risk retention requirements, and (ii) qualify as sales under current GAAP. Post-transition period transactions which satisfy the conditions of the rule but do not qualify as sales under current GAAP will have other, more limited, protections. FDIC Release. Final Rule.