Fixed Income Securities Content

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ICI Default BG
Memo#
35541

SEC Adopts Rule Prohibiting ABS Conflicts of Interest

On November 27, 2023, the Securities and Exchange Commission (SEC or "Commission"), on a 4-1 vote by seriatim, adopted Rule 192 ("Final Rule") under the Securities Act of 1933 ("Securities Act"), which implements the prohibition under Section 621 of the Dodd-Frank Act on material...
ICI Default BG
Memo#
35442

Second Circuit Rules That Certain Syndicated Loan Notes are Not Securities

In its August 24, 2023 decision, a three-judge panel of the United States Circuit Court of Appeals for the Second Circuit held in Kirschner v. JP Morgan that notes issued as part of a syndicated term loan transaction ("Notes") were not securities. In doing so, the court applied the...