C.F.R. » Title 17 » CHAPTER II—SECURITIES AND EXCHANGE COMMISSION › PART 229—STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND CONSERVATION ACT OF 1975—REGULATION S-K › Subpart 229.1100—Asset-Backed Securities (Regulation AB)

17 C.F.R. § 229.1110

(Item 1110) Originators

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(a) Identify any originator or group of affiliated originators, apart from the sponsor or its affiliates, that originated, or is expected to originate, 10% or more of the pool assets. Also identify any originator(s) originating less than 10% of the pool assets if the cumulative amount originated by parties other than the sponsor or its affiliates is more than 10% of the pool assets.

(b) Provide the following information for any originator or group of affiliated originators, apart from the sponsor or its affiliates, that originated, or is expected to originate, 20% or more of the pool assets:

(1) The originator's form of organization.

(2) To the extent material, a description of the originator's origination program and how long the originator has been engaged in originating assets. The description must include a discussion of the originator's experience in originating assets of the type included in the current transaction. In providing the description, include, if material, information regarding the size and composition of the originator's origination portfolio as well as information material to an analysis of the performance of the pool assets, such as the originator's credit-granting or underwriting criteria for the asset types being securitized.

(3) Describe any interest that the originator, or any affiliate of the originator, has retained in the transaction, including the amount and nature of that interest. Disclose any hedge (security specific or portfolio) materially related to the credit risk of the securities that was entered into by the originator or, if known, by an affiliate of the originator to offset the risk position held.

Instruction to Item 1110(b)(3). The disclosure required under this item shall separately state the amount and nature of any interest or asset retained in compliance with law, including any amounts that are retained by parties other than the originator in order to satisfy such requirements.

(c) For any originator identified under paragraph (b) of this section, if such originator is required to repurchase or replace a pool asset for breach of a representation and warranty pursuant to the transaction agreements, provide information regarding the originator's financial condition to the extent that there is a material risk that the effect on its ability to comply with the provisions in the transaction agreements relating to the repurchase obligations for those assets resulting from such financial condition could have a material impact on pool performance or performance of the asset-backed securities.

[70 FR 1597, Jan. 7, 2005, as amended at 79 FR 57314, Sept. 24, 2014]
Notes of Decisions
Cited in 4 cases, 2008–2015 · leading case: New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC
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New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC (2013) ca2 “If any other originator or group of affiliated originators had originated ten percent or more of the Series 2007-2 Trust’s assets, then 17 C.F.R. § 229.1110 (a) would have required NMFC to identify that originator in the supplemental prospectus.”
Federal Housing Finance Agency v. Nomura Holding America, Inc. (2015) nysd · cites it 2× “” 17 C.F.R. § 229.1110 . Also required is a “description of the .”
In Re Countrywide Financial Corporation Securities Litigation (2008) cacd “17 C.F.R. § 229.1110 (b); id. 229.1111(c) (always requiring historical data on the current asset pool); SEC Div.”
Federal Housing Finance Agency v. Nomura Holding America, Inc. (2015) nysd “” 17 C.F.R. § 229.1110 . Also required is a “description of the .”
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