Home -> Law Blog Directory -> Corporate & Securities Law Blogs -> Jim Hamilton's World of Securities Regulation
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Corporate & Securities Law
: Jim Hamilton's World of Securities RegulationCompanion Legislation to Reform GSEs Introduced in the Senate
By Jim Hamilton
The legislation would repeal of the exemption allowing GSE securities to avoid full SEC registration. There would also be a repeal of the GSEs? exemption from having to pay state and local taxes, to remove one of the distinct advantages of being a GSE.
The bill would repeal the GSEs? affordable housing goals mandate and the Affordable Housing Trust Fund. The legislation would start shrinking the size of the GSEs by capping their maximum portfolio size at $700 billion and gradually reducing that cap to $250 billion over five years. The Senate bill would reduces the GSEs? market share by returning the conforming loan limit to its pre-housing crisis standard limit of $417,000. The guarantee fees would be increased to eliminate the GSEs? competitive advantage and bring more private capital into the market.
The legislation includes a prohibition on any reduction to the senior preferred stock dividends the GSEs contractually agreed to pay taxpayers under their conservatorship. Upon the end of the conservatorship, the Federal Housing Finance Agency (FHFA) must evaluate the financial viability of each GSE. If it is determined not to be viable, the FHFA would follow the procedure laid out by the Housing and Economic Recovery Act of 2008 (P.L. 110-289) for placing that GSE into receivership.
If determined to be viable, the GSE would be allowed to resume limited market operations under its own control for a maximum of three years, with the following new rules: The enhanced authority for FHFA to adjust the minimum capital requirements for the GSEs as appropriate, mirroring the existing capital adequacy requirements other regulators already have in place for banks (12 U.S.C. 3907);
At the end of that 3 year period, each GSE?s charter expires. At that point, Fannie and Freddie must conduct all new operations as fully private sector companies competing on a level playing field without any government advantages. It would also provide for the orderly wind down of any legacy business commitments post-charter expiration over a 10 year period following the model successfully used in the Sallie Mae transition from GSE to a private company (P.L. 104-208)
Full post as published by Jim Hamilton's World of Securities Regulation on March 31, 2011 (boomark / email).
Personal Injury
Appeals Court Upholds Congressional Legislation
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.









