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15 U.S.C. § 77z–2aConflicts of interest relating to certain securitizations

submitted 93 years ago by Pub. L. 111-203 to r/title-15-COMMERCE-AND-TRADE · 273 words · no verdicts yet

in plain englishAI-generated · not legal advice

Firms that underwrite or sponsor asset-backed securities can't create investor conflicts for one year after the first sale. The SEC had to write rules to enforce this within 270 days of July 21, 2010. Risk-hedging, providing liquidity, and genuine market-making are exempt from the ban.

(a) General rule. An underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security (including a synthetic one), or any of their affiliates or subsidiaries, may not — for one year after the first closing of the sale of that security — engage in any transaction that would create or involve a material conflict of interest with an investor, arising out of that underwriting, placement, purchase, or sponsorship activity. (b) Rulemaking. The SEC had to issue rules implementing subsection (a) within 270 days of July 21, 2010. (c) Exceptions. The ban in subsection (a) doesn't apply to: risk-mitigating hedging activity tied to positions from the underwriting, placement, purchase, or sponsorship — as long as it's designed to reduce the specific risks that activity created; or purchases and sales of the asset-backed security made under a genuine commitment to provide liquidity for it, or through bona fide market-making. (d) Rule of construction. This subsection doesn't otherwise limit how section 78o–11 applies.
the actual law source: uscode.house.gov ↗public domain
(a) In general

An underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity, of an asset-backed security (as such term is defined in section 78c of this title, which for the purposes of this section shall include a synthetic asset-backed security), shall not, at any time for a period ending on the date that is one year after the date of the first closing of the sale of the asset-backed security, engage in any transaction that would involve or result in any material conflict of interest with respect to any investor in a transaction arising out of such activity.

(b) Rulemaking

Not later than 270 days after July 21, 2010, the Commission shall issue rules for the purpose of implementing subsection (a).

(c) Exception

The prohibitions of subsection (a) shall not apply to—

(1)

risk-mitigating hedging activities in connection with positions or holdings arising out of the underwriting, placement, initial purchase, or sponsorship of an asset-backed security, provided that such activities are designed to reduce the specific risks to the underwriter, placement agent, initial purchaser, or sponsor associated with positions or holdings arising out of such underwriting, placement, initial purchase, or sponsorship; or

(2)

purchases or sales of asset-backed securities made pursuant to and consistent with—

(A)

commitments of the underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity, to provide liquidity for the asset-backed security, or

(B)

bona fide market-making in the asset backed security.

(d) Rule of construction

This subsection 1 shall not otherwise limit the application of section 78o–11 of this title.

Source credit: (May 27, 1933, ch. 38, title I, § 27B, as added Pub. L. 111–203, title VI, § 621(a), July 21, 2010, 124 Stat. 1631.)

history & why it existsrecord from the source credit
  • 1933Enacted · Pub. L. 111-203 · 124 Stat. 1631

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 1933-05-27.

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