Securitization Insight

Andrew Lom, Global Head of Private Wealth and Head of Financial Services in our New York office, and Rachel Browndorf, Senior Associate based in Denver, join host Patrick Dolan to explore the latest developments across the crypto space including bitcoin Exchange-Traded Funds (ETFs).

We discuss the latest SEC-approved changes that permit the creation of bitcoin ETFs. We compare a spot bitcoin ETF with a bitcoin futures ETF, examine the price correlation between the ETFs and the actual bitcoin and look at the current state of trading activity. In addition, we discuss what a spot bitcoin ETF means for investors.

Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Stephanie Mah, Senior Vice President, Structured Finance Research at Morningstar DBRS, joins host Patrick Dolan to discuss the latest trends across the commercial and residential Property Assessed Clean Energy (PACE) financing. We examine the current size and scope of the commercial PACE market in comparison to the residential PACE market, and discuss the challenges faced by the residential PACE market including the factors influencing its trajectory. Additionally, Stephanie sheds light on potential reasons for the slow uptake of the NYC C-PACE program and explores factors that could catalyze its acceleration.

Fouad Onbargi, Founder and CEO of ABS Advisory, joins host Patrick Dolan to discuss the evolving landscape of the asset-backed securities (ABS) market. We explore the emerging trends in the ABS warehouse financing andABS capital markets and uncover current growth opportunities for investors.

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Eamonn Moran, Senior Counsel in our Washington, DC office, returns to speak with host Patrick Dolan about the US Supreme Court’s oral arguments in the case regarding funding of the Consumer Financial Protection Bureau (CFPB). The CFPB was created in 2011, following the 2008 financial crisis, and receives funding from the Federal Reserve. We discuss the questions and issues raised by the individual justices, and how we think the US Supreme Court could rule in this case.

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Rachel Browndorf, Senior Associate in our Denver office, joins host Patrick Dolan to discuss the Corporate Transparency Act. Effective January 1, 2024, the new law requires reporting companies to provide Beneficial Ownership Information to the Financial Crimes Enforcement Network (FinCEN).

We delve into the Corporate Transparency Act, exploring the steps to determine whether an entity is considered a reporting company, the distinction between beneficial owners and applicants, the required information for filing, including deadlines, penalties for non-compliance and potential exemptions.

Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Andrew Lom, Partner and Global Head of Private Wealth in the New York office, joins host Patrick Dolan to discuss significant rule changes for private fund advisors. The new rule requires all registered advisors to hedge funds, private equity funds, and other private funds to provide investors with quarterly statements detailing certain information regarding fund fees, expenses and performance in addition to an annual compliance review for any registered advisor, whether they advise private funds or not.

We explain how securitized asset funds are excluded from most of these new rules and why the new provisions relating to sales practices, conflicts of interest and compensation will prohibit private fund advisors from providing preferential treatment and doing certain things without prior disclosures.

Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Dallin Merrill, Director of Residential Mortgage-Backed Securities (RMBS) Policy at the Structured Finance Association (SFA), joins host Patrick Dolan to discuss the formation of the SFA RMBS Data Tape Task Force. We assess the main areas of discussion for issuers, investors, rating agencies and third-party review and diligence firms, and explore the benefits of revised data tape fields for the RMBS securitization market.

Frank Borchert, Chief Legal Officer at Best Egg, joins host Patrick Dolan to discuss how COVID-19 and the rising interest rate environment has affected marketplace lending, specifically in the FinTech space. We review recent legal and regulatory developments impacting technology and FinTech companies and new factors for rating agencies.

Justin Bharucha, managing partner at Bharucha & Partners joins host Patrick Dolan to discuss activity in the Indian securitization market, including the most common asset classes that are securitized, as well as the typical structure of an Indian securitization. We delve into whether the bankruptcy concepts of true and non-consolidation are applicable in the Indian securitization market and touch on recent regulatory and legal developments affecting the Indian securitization market.

Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Kristi Leo, president of the Structured Finance Association (SFA), returns to speak with host Patrick Dolan about the SEC’s proposed conflict of interest rule. The rule would prohibit securitization participants from engaging in transactions that could incentivize a participant to structure an asset-backed security to put their interests ahead of other investors.

We discuss SFA’s proposed revisions to the rule, including changes to several definitions such as “conflicted transaction” and “synthetic asset-backed security,” carve outs to the definition of “sponsor”, additional guidance to help clarify the more ambiguous provisions and more.