ARTICLE
9 August 2019

SEC Codifies Exemption To Rating Agency Disclosure Obligations

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The final rule will become effective 30 days after publication in the Federal Register.
United States Corporate/Commercial Law

The SEC adopted amendments that codify an existing exemption available to credit rating agencies concerning conflict of interest disclosure obligations and the ratings of structured finance products. The exemptions will be available only if (i) the issuer of the relevant security is not a U.S. person and (ii) the credit rating agency reasonably believes that all offers and sales of the instrument will occur outside the United States.

The final rule will become effective 30 days after publication in the Federal Register.

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