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Subject: Implicit Recourse in Asset Securitization
Date: May 23, 2002
To: Chief Executive Officers of All National Banks, Department and Division Heads, and All Examining Personnel
Description: Policy Implementation
The guidance attached to this bulletin continues to apply to federal savings associations.
The attached "Interagency Guidance on Implicit Recourse in Asset Securitizations" was issued jointly by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision on May 23, 2002. The purpose of this guidance is to assist both bankers and examiners in assessing what types of post-sale actions may, or may not, constitute implicit recourse. However, the ultimate decision regarding risk-based capital treatment for these actions rests with the institution's primary regulator.
The attached statement highlights several examples of post-sale actions taken by institutions with respect to securitized assets. Examiners and bankers should be aware that, depending upon the specific circumstances, such actions could result in additional risk-based capital requirements.
For further guidance on recourse and asset securitization issues contact Amrit Sekhon, Capital Policy at (202) 874-5211, or Greg Coleman, Treasury and Market Risk at (202) 874-2777.
Michael L. Brosnan
1 While the banking agencies are concerned about the use of covenants linked to supervisory actions in general, this guidance pertains specifically to covenants that use supervisory actions as triggers for early amortization or the transfer of servicing.