In today’s transactional world, the ability to effectively counsel clients involved in the structured finance and securitization markets requires attorneys with a full understanding of the evolving regulatory schemes that affect these markets. Our attorneys have been at the forefront of such issues on behalf of our clients. Whether the issues are driven by securities regulation concerns, accounting questions or tax matters, we have the expertise and knowledge base to help our clients carefully navigate these difficult waters. A sample of our expertise in this area includes the following:
- SEC Regulation AB – Assist clients in complying with the disclosure and reporting requirements of Regulation AB, including establishment of best practices for ongoing compliance as originators, trustees and servicers and working with external auditors to prepare the annual accountants’ attestations required by Regulation AB.
- FASB FAS 140 and FIN 46R, (FAS 166 and FAS 167) – Assist clients in analyzing and structuring transactions and investments to achieve legal sale treatment and expected financial statement consolidation treatment.
- U.S. Tax Planning and Compliance of Securitization Programs – Provide choice of entity and instrument characterization U.S. tax planning advice to U.S. and foreign sponsors and issuers based on the type of assets being securitized, and the anticipated mix of foreign, domestic or tax-exempt investors; advise and provide opinions to CMBS, RMBS, ABS and CDO trustees, servicers and collateral managers on U.S. tax issues arising in connection with the management and servicing of securitized performing and non-performing assets, as well as the characterization of various derivatives and other financial instruments.