Proposed Rule 192: Conflicts of Interest in Asset-Backed Securitization

The Securities and Exchange Commission (the “Commission”) published proposed Rule 192 (Conflicts of Interest Relating to Certain Securitizations) on January 25, 2023 and closed the public comment period on March 27, 2023. After several months of review and discussions with industry trade groups, the Commission appears ready to publish a final rule in the near future, concluding a process that began in September of 2011. The Commission’s final rule could have a significant impact on asset-backed securitization markets and participants are keenly waiting to examine the final rule.

Mayer Brown’s recent article in The Review of Securities and Commodities Regulation highlights the provisions, definitions and exceptions of the Commission’s proposed rule and examines critical questions for participants in securitization markets.