§ 1.860G-2T - Other rules (temporary).  


Latest version.
  • (a) through (g)(3)(ii)(A) [Reserved] For further guidance, see § 1.860G-2(a) through (g)(3)(ii)(A).

    (B) Presumption that a reserve is reasonably required. The amount of a reserve fund is presumed to be reasonable (and an excessive reserve is presumed to have been promptly and appropriately reduced) if it does not exceed the amount required by a third party insurer or guarantor, who does not own directly or indirectly (within the meaning of section 267(c)) an interest in the REMIC (as defined in section 1.860D-1(b)(1)), as a condition of providing credit enhancement.

    (C) Presumption may be rebutted. The presumption in § 1.860G-2(g)(3)(ii)(B) may be rebutted if the amounts required by the third party insurer are not commercially reasonable considering the factors described in § 1.860G-2(g)(3)(ii)(A).

    (D) Effective/applicability date. Paragraphs (g)(3)(ii)(B) and (C) of this section apply on and after July 6, 2011.

    (E) Expiration date. The applicability of paragraphs (g)(3)(ii)(B) and (C) of this section expires on or before July 1, 2014.

    (h) through (k) [Reserved] For further guidance, see § 1.860G-2(h) through (k).