§ 230.193 Review of underlying assets in asset-backed securities transactions.  


Latest version.
  • An issuer of an “asset-backed security,” as that term is defined in Section 3(a)(79) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(79)), offering and selling such a security pursuant to a registration statement shall perform a review of the pool assets underlying the asset-backed security. At a minimum, such review must be designed and effected to provide reasonable assurance that the disclosure regarding the pool assets in the form of prospectus filed pursuant to §230.424 of this chapter is accurate in all material respects. The issuer may conduct the review or an issuer may employ a third party engaged for purposes of performing the review. If the findings and conclusions of the review are attributed to the third party, the third party must be named in the registration statement and consent to being named as an expert in accordance with §230.436 of this chapter.

    [76 FR 4244, Jan. 25, 2011, as amended at 79 FR 57329, Sept. 24, 2014]

[76 FR 4244, Jan. 25, 2011, as amended at 79 FR 57329, Sept. 24, 2014