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Home > News & Events > Press Releases

Joint Press Release
October 22, 2014

Six federal agencies jointly approve final 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 approved a final rule requiring sponsors of
securitization transactions to retain risk in those transactions. The final
rule implements the risk retention requirements in the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank Act).
The final rule 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
Dodd-Frank Act, the Secretary of the Treasury, as Chairperson of the
Financial Stability Oversight Council, played a coordinating role in the
joint agency rulemaking.
The final rule largely retains the risk retention framework contained in
the proposal issued by the agencies in August 2013 and generally
requires sponsors of asset-backed securities (ABS) to retain not less

than five percent of the credit risk of the assets collateralizing the ABS
issuance. The rule also sets forth prohibitions on transferring or hedging
the credit risk that the sponsor is required to retain.
As required by the Dodd-Frank Act, the final rule defines a "qualified
residential mortgage" (QRM) and exempts securitizations of QRMs from
the risk retention requirement. The final rule aligns the QRM definition
with that of a qualified mortgage as defined by the Consumer Financial
Protection Bureau. The final rule also requires the agencies to review
the definition of QRM no later than four years after the effective date of
the rule with respect to the securitization of residential mortgages and
every five years thereafter, and allows each agency to request a review
of the definition at any time. The final rule also does not require any
retention for securitizations of commercial loans, commercial mortgages,
or automobile loans if they meet specific standards for high quality
underwriting.
The final rule will be effective one year after publication in the Federal
Register for residential mortgage-backed securitizations and two years
after publication for all other securitization types.
Federal Register notice: HTML | PDF

Related Information
Meeting Memoranda
Open Board Meeting on October 22, 2014

Media Contacts:
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Media Contacts:
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FDIC
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HUD
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SEC

202-4522955
202-898David Barr
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202-649Stefanie Johnson
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202-708Cameron French
0980
202-649Stephanie Collins
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202-551Affairs
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Eric Kollig

Last Update: October 22, 2014

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