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Projecting the Future Regulation of Securitisation Commissioner Greg Medcraft 3 June 2009 IOSCO Task Force Background, Focus & Membership The Task Force on Unregulated Financial Markets and Products ( TFUMP ) established by the


  1. Projecting the Future Regulation of Securitisation Commissioner Greg Medcraft 3 June 2009

  2. IOSCO Task Force – Background, Focus & Membership � The Task Force on Unregulated Financial Markets and Products ( TFUMP ) established by the IOSCO Technical Committee in November 2008 � Tasked to introduce greater transparency and oversight to unregulated markets � Objective to recommend regulatory action to restore confidence in currently unregulated financial markets

  3. IOSCO Task Force – Background, Focus & Membership TFUMP member countries include: Australia (ASIC) (co-chair) France (AMF) (co-chair) Germany (BaFin) Hong Kong (SFC) Italy (CONSOB) Japan (FSA) Mexico (CNBV) The Netherlands (AFM) Quebec (AMF) Spain (CMNV) United Kingdom (FSA) United States (CFTC) and (SEC)

  4. Consultation Report - Overview � Consultation Report published on 5 May 2009 - WWW.IOSCO.ORG � Securitisation key focus � Industry consultation on 29 May 2009 - Comments Close – 15 June � Next steps - Update to IOSCO Technical Committee and report to Financial Stability Board – 30 June - G20 in September 2009

  5. Consultation Report - Overview � Three key interim recommendations for securitisation: – Enhanced disclosure and transparency – Investor suitability – Retention of long term economic exposure

  6. Disclosure and Transparency � Encourage industry initiatives: – ESF RMBS Issuer Principles for Transparency and Disclosure – ASF Project RESTART � Industry initiatives alone will be insufficient � Measured regulatory response necessary � Interim Recommendations

  7. Investor Suitability � Three main elements of investor suitability: – Distributor assessment; – Sophisticated investor tests/exemptions; and – Investor capabilities – risk management and assessment practices � Interim Recommendation

  8. Long Term Economic Interest � Current developments: – European Capital Requirement Directive “buy side” focus; and – US The Mortgage Reform and Anti-Predatory Lending Act “sell side” focus � Main issue for the securitisation industry � Economic impact for credit intermediation? � Important considerations for national regulators

  9. Industry Consultation � Key themes from industry consultation: – Securitisation Infrastructure – Global Industry co-ordination and consistency – Global Industry co-ordination and consistency between Regulators and Industry

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