(a) In generalAn underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity, of an asset-backed security (as such term is defined in section 78c of this title, which for the purposes of this section shall include a synthetic asset-backed security), shall not, at any time for a period ending on the date that is one year after the date of the first closing of the sale of the asset-backed security, engage in any transaction that would involve or result in any material conflict of interest with respect to any investor in a transaction arising out of such activity.
(b) RulemakingNot later than 270 days after July 21, 2010, the Commission shall issue rules for the purpose of implementing subsection (a).
(c) ExceptionThe prohibitions of subsection (a) shall not apply to—(1) risk-mitigating hedging activities in connection with positions or holdings arising out of the underwriting, placement, initial purchase, or sponsorship of an asset-backed security, provided that such activities are designed to reduce the specific risks to the underwriter, placement agent, initial purchaser, or sponsor associated with positions or holdings arising out of such underwriting, placement, initial purchase, or sponsorship; or
(2) purchases or sales of asset-backed securities made pursuant to and consistent with—(A) commitments of the underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity, to provide liquidity for the asset-backed security, or
(B) bona fide market-making in the asset backed security.
(d) Rule of constructionThis subsection 11 So in original. Probably should be “section”. shall not otherwise limit the application of section 78o–11 of this title.
Structure US Code
CHAPTER 2A— SECURITIES AND TRUST INDENTURES
SUBCHAPTER I— DOMESTIC SECURITIES
§ 77b. Definitions; promotion of efficiency, competition, and capital formation
§ 77c. Classes of securities under this subchapter
§ 77d–1. Requirements with respect to certain small transactions
§ 77e. Prohibitions relating to interstate commerce and the mails
§ 77f. Registration of securities
§ 77g. Information required in registration statement
§ 77h. Taking effect of registration statements and amendments thereto
§ 77h–1. Cease-and-desist proceedings
§ 77j. Information required in prospectus
§ 77k. Civil liabilities on account of false registration statement
§ 77l. Civil liabilities arising in connection with prospectuses and communications
§ 77n. Contrary stipulations void
§ 77o. Liability of controlling persons
§ 77p. Additional remedies; limitation on remedies
§ 77q. Fraudulent interstate transactions
§ 77r. Exemption from State regulation of securities offerings
§ 77r–1. Preemption of State law
§ 77s. Special powers of Commission
§ 77t. Injunctions and prosecution of offenses
§ 77v. Jurisdiction of offenses and suits
§ 77w. Unlawful representations
§ 77y. Jurisdiction of other Government agencies over securities
§ 77z–1. Private securities litigation
§ 77z–2. Application of safe harbor for forward-looking statements
§ 77z–2a. Conflicts of interest relating to certain securitizations
§ 77z–3. General exemptive authority
§ 77aa. Schedule of information required in registration statement