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Recent Changes to SEC Rating Agency Reform Impose Burdensome Requirements on Structured Products Participants



by Cadwalader, Wickersham & Taft LLP - New York Office

March 16, 2010

Previously published on March 3, 2010

Recent amendments to rules of the Securities and Exchange Commission (“SEC”) relating to Nationally Recognized Statistical Rating Organizations (“NRSROs”) will require persons seeking a rating of structured products and asset backed securities to establish and maintain a passwordprotected website containing all information provided to a NRSRO in connection with the rating. This information includes information that may have been previously supplied orally to an NRSRO or its counsel, and would include discussions and negotiations with the NRSRO or its counsel relating to applicable transaction documents. The compliance date for the revised rules is June 2, 2010.


 

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