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The Journal of Structured Finance

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Article

A Challenge for the Future: Issuing ABCP in the New Regulatory Environment

James J. Croke, Peter C. Manbeck, Timothy P. Mohan and Sharad A. Samy
The Journal of Structured Finance Spring 2011, 17 (1) 9-14; DOI: https://doi.org/10.3905/jsf.2011.17.1.009
James J. Croke
is a partner at Chapman and Cutler LLP in New York, NY.
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  • For correspondence: jcroke@chapman.com
Peter C. Manbeck
is a partner at Chapman and Cutler LLP in New York, NY.
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  • For correspondence: manbeck@chapman.com
Timothy P. Mohan
is a partner at Chapman and Cutler LLP in Chicago, IL.
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  • For correspondence: mohan@chapman.com
Sharad A. Samy
is the general counsel of Aladdin Capital Holdings LLC in Stamford, CT.
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  • For correspondence: ssamy@aladdincapital.com
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Abstract

Asset-backed commercial paper (ABCP) programs fully supported by bank sponsors have been used to finance a myriad of asset classes. In recent years, offerings of many different types of partially supported structured short-term notes also have come to be considered ABCP. The rapidly changing regulatory landscape for asset-backed securities, including ABCP, poses a threat to even the most traditional multiseller ABCP conduits. This article explains the most significant issues facing the traditional ABCP market, including accounting consolidation, enhanced capital requirements, removal of rating requirements from regulations, proposed liquidity coverage requirements, FDIC assessments, changes in money market fund regulation, proposed changes in disclosure requirements (Regulation AB II and repurchase activity), disclosure of due diligence reports, the Volcker Rule, changes to the Federal Reserve Act, risk retention rules, conflicts of interest, investment adviser registration, and other regulatory changes.

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The Journal of Structured Finance: 17 (1)
The Journal of Structured Finance
Vol. 17, Issue 1
Spring 2011
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A Challenge for the Future: Issuing ABCP in the New Regulatory Environment
James J. Croke, Peter C. Manbeck, Timothy P. Mohan, Sharad A. Samy
The Journal of Structured Finance Apr 2011, 17 (1) 9-14; DOI: 10.3905/jsf.2011.17.1.009

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A Challenge for the Future: Issuing ABCP in the New Regulatory Environment
James J. Croke, Peter C. Manbeck, Timothy P. Mohan, Sharad A. Samy
The Journal of Structured Finance Apr 2011, 17 (1) 9-14; DOI: 10.3905/jsf.2011.17.1.009
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  • Article
    • Abstract
    • ACCOUNTING CONSOLIDATION
    • ENHANCED CAPITAL REQUIREMENTS
    • REMOVAL OF RATINGS REQUIREMENTS FROM REGULATIONS
    • PROPOSED LIQUIDITY COVERAGE REQUIREMENTS
    • FDIC ASSESSMENTS
    • CHANGES IN MONEY MARKET FUND REGULATION
    • PROPOSED CHANGES IN DISCLOSURE REQUIREMENTS (REGULATION AB II)
    • CHANGES IN DISCLOSURE REQUIREMENTS (REPURCHASE ACTIVITY)
    • DISCLOSURE OF DUE DILIGENCE REPORTS
    • THE VOLCKER RULE
    • CHANGES TO FEDERAL RESERVE ACT
    • RISK RETENTION RULES
    • CONFLICTS OF INTEREST
    • INVESTMENT ADVISER REGISTRATION
    • OTHER REGULATORY CHANGES
    • CONCLUSIONS
    • ENDNOTES
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  • PDF (Subscribers Only)

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