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Joint Press Release
August 28, 2013

Agencies revise proposed risk retention rule
Board of Governors of the Federal Reserve System
Department of Housing and Urban Development
Federal Deposit Insurance Corporation
Federal Housing Finance Agency
Office of Comptroller of the Currency
Securities and Exchange Commission
For immediate release
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Six federal agencies on Wednesday issued a notice revising a proposed
rule requiring sponsors of securitization transactions to retain risk in
those transactions. The new proposal revises a proposed rule the
agencies issued in 2011 to implement the risk retention requirement in
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank Act).
This proposal is being issued jointly by the Board of Governors of the
Federal Reserve System, the Department of Housing and Urban
Development, the Federal Deposit Insurance Corporation, the Federal
Housing Finance Agency, the Office of the Comptroller of the Currency,
and the Securities and Exchange Commission. As provided under the
statute, the Secretary of the Treasury, as Chairperson of the Financial
Stability Oversight Council, played a coordinating role in the rulemaking.
The rule would provide asset-backed securities (ABS) sponsors with
several options to satisfy the risk retention requirements. The original
proposal generally measured compliance with the risk retention
requirements based on the par value of securities issued in a

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securitization transaction and included a so-called premium capture
provision. The agencies are now proposing that risk retention generally
be based on fair value measurements without a premium capture
provision.
As required by the Dodd-Frank Act, the proposal would define "qualified
residential mortgage" (QRM) and exempt securitizations of QRMs from
risk retention. The new proposal would define QRMs to have the same
meaning as the term qualified mortgages as defined by the Consumer
Financial Protection Bureau. The new proposal also requests comment
on an alternative definition of QRM that would include certain
underwriting standards in addition to the qualified mortgage criteria.
Similar to the original proposal, under the new proposal, securitizations
of commercial loans, commercial mortgages, or automobile loans of low
credit risk would not be subject to risk retention. Further, the rule would
recognize the full guarantee on payments of principal and interest
provided by Fannie Mae and Freddie Mac for their residential mortgagebacked securities as meeting the risk retention requirements while
Fannie Mae and Freddie Mac are in conservatorship or receivership and
have capital support from the U.S. government. This provision also is
unchanged from the original proposal.
The agencies are requesting comment on the revised proposed rule by
October 30, 2013.
Comments on this proposal: Submit | View

Media Contacts:
Federal Reserve
Board
FDIC
FHFA
HUD
OCC
SEC

202-4522955
202-898Andrew Gray
7192
202-649Stefanie Johnson
3030
202-402Brian Sullivan
7527
202-649Stephanie Collins
6870
Office of Public
202-551Affairs
4120
Eric Kollig

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Last Update: August 28, 2013

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