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CMBS 2.0   :  By Jim Flaherty, President & CEO of CMBS.com



More details on Reg AB II

It’s been about two weeks since the SEC released its final rules on disclosure requirements for CMBS, and I have some more details to report.

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September 11, 2014

Today is the 6th anniversary of this blog, which I write to follow the regulatory response to the financial crisis and how the implementation of the Dodd Frank law affects the CMBS market.

If you are a follower, you know I believe the regulators’ primary role should be to require transparency, and I advocate that position. This blog and my advocacy for transparency in the CMBS market is in part inspired by the events of 9/11/01.

Check out my very first post that gives that story:

http://cmbs2point0.com/the-history-of-backshop-and-cmbscom

SEC Finalizes Reg AB Rules: open XML, no rent rolls

Today the SEC announced its final decision on Reg AB. They held firm by requiring XML data for CMBS to be posted on EDGAR. That is a big deal and a huge win for transparency: each CMBS loan will require wide open disclosure of about 160 data elements.

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SEC takes a big step back on disclosure methods

“All data — especially sensitive data — wants to be free.”

On Feb. 25 the SEC reopened the comment period for REG AB II, with focus on the method used to disclose asset level data.

The 19-page memorandum (download the PDF here) opens with:

“This memorandum describes a potential approach for disclosure of asset-level information to investors and potential investors in asset-backed securities taking into account the potential sensitivity of certain asset-level information. In particular, instead of filing and making publicly available certain types of asset-level information on EDGAR as described in the proposal by the Securities and Exchange Commission for enhanced regulation of ABS offerings in 2010, this approach would require issuers to make asset-level information available to investors and potential investors through an issuer’s Web site which would enable issuers to address privacy concerns associated with such disclosures, including through restricting access to potentially sensitive information.”

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Reg AB II is not almost here

The SEC pulled Reg AB II rule-making from the Feb. 5 agenda.

So nothing happened. There’s no word on why it was pulled or when we will hear back.

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