Definition of “issuer” in section 2(a)(4) of the Act in relation to asset-backed securities.
Code of Federal Regulations, Title 17 — Commodity and Securities Exchanges
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- 2018Fed. Deposit Ins. Corp. v. First Horizon Asset Sec. Inc. S.D.N.Y.
- 2017Federal Housing Finance Agency v. Nomura Holding America, Inc. 2d Cir.
- 2016Loan Syndications & Trading Ass'n v. Securities & Exchange Commission D.D.C.
- 2016Impac Mortgage Holdings, Inc. v. Houston Casualty Co. 9th Cir.
- 2015Federal Housing Finance Agency v. Nomura Holding America, Inc. S.D.N.Y.
- 2012Federal Housing Finance Agency v. UBS Americas, Inc. S.D.N.Y.
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Text
The following applies with respect to asset-backed securities under the Act. Terms used in this section have the same meaning as in Item 1101 of Regulation AB (§ 229.1101 of this chapter). (a) The depositor for the asset-backed securities acting solely in its capacity as depositor to the issuing entity is the “issuer” for purposes of the asset-backed securities of that issuing entity. (b) The person acting in the capacity as the depositor specified in paragraph (a) of this section is a different “issuer” from that same person acting as a depositor for another issuing entity or for purposes of that person's own securities. [70 FR 1615, Jan. 7, 2005]