New York, September 23, 2011 -- Moody's Investors Service today announced additions to and removals from
its list of the types of securities which Moody's determines to
be structured finance instruments. The original list appeared in
the July 14, 2010 press release "Moody's Plans to Publish Structured
Finance Ratings Indicator," and a subsequent update appeared
in the December 28, 2010 press release "Moody's Updates
List of Ratings Receiving the (sf) Indicator." The revised
list appears at the end of this release together with lists of specific
securities affected.
Moody's added to the list student loan backed bonds issued by a
non-profit or public instrumentality that issues fewer than three
classes of debt. This addition now means that Moody's treats
all student loan backed bonds as structured finance instruments.
Moody's also added to the list US state and local housing finance
agency debt for which the pool backing the debt contains self-liquidating
mortgages that the issuer does not actively manage. Moody's
removed from the list future flow transactions where 1) there is full
linkage between the fundamental credit rating of the originator,
the assets, and the senior notes and 2) other than the originator's
note, there are no subordinated or junior notes.
Regulations of the EU and the US rely on definitions of structured finance,
and to satisfy both EU and US regulations, Moody's relies
on its single definition of a structured finance instrument, reflecting
an interpretation of
1. the definition of "structured finance instrument" in the EU
regulation
2. the description of "structured finance product" in sections
(a)(3) and (b)(9) of the Securities and Exchange Commission's Rule
17g-5 (Amended Rule) as applicable under the Securities and Exchange
Act of 1934
3. similar concepts in other legislation and international principles
such as Basel II
4. market practices for instruments that were difficult to categorize
Moody's decision to apply the (sf) indicator to new financial products
will remain dynamic and subject to feedback from market participants including
regulators.
List of Instruments
While subject to change, the following is a current list of the
key types of instruments which Moody's determines to fall under the definition
of structured finance instrument:
1. Asset-backed commercial paper
2. Asset-backed securities, including all student
loan backed securities
3. Agency mortgage-backed securities (MBS), excluding
agency MBS backed transactions issued by U.S. state and
local housing finance agencies
4. Closed-end fund debt or preferred equity of funds that
materially invest in structured finance instruments
5. Closed-end fund debt or preferred equity of funds that
issue three or more classes of debt
6. Collateralized debt obligations
7. Commercial mortgage backed securities
8. Credit linked notes, repackaged securities, or structured
notes of one or more structured finance instruments or with credit tranching
9. Future flow financings where 1) there is not full linkage between
the fundamental credit rating of the originator, the assets,
and the senior notes and/or 2) in addition to the originator's note,
there are subordinated or junior notes
9. Principal protected notes secured by one or more structured
finance instruments even if the promise is not based on structured finance
instruments
10. Non-agency residential MBS
11. Structured investment vehicle instruments
12. US state and local housing finance agency debt 1) that has
three or more classes or 2) for which the pool backing the debt contains
self-liquidating mortgages that the issuer does not actively manage
13. Variable promise notes issued on or after August 2, 2010
with non standard sources of variation
14. Whole business securitizations (e.g., instruments
backed by restaurant franchise royalties and pub securitizations,
etc.)
While subject to change, the following is a current list of the
key types of instruments which Moody's determines do not fall under the
definition of structured finance instrument:
1. Closed-end fund debt or preferred equity of funds that
do not materially invest in structured finance instruments
2. Closed-end fund debt or preferred equity of funds that
issue fewer than three classes of debt
3. Covered bonds
4. Credit linked notes, repackaged securities or structured
notes of non-structured finance instruments without credit tranching
5. Credit tenant leases with a single beneficial interest in the
trust
6. Derivative product company ratings
7. Enhanced equipment trust certificates
8. Future flow transactions where 1) there is full linkage between
the fundamental credit rating of the originator, the assets and
the senior notes and 2) other than the originator's note,
there are no subordinated or junior notes
9. Government enterprises' instruments (e.g.,
instruments of water & sewer authorities, airports, power
authorities, toll road authorities, and US state and local
housing finance agency debt, other than housing finance agency debt
1) that has three or more classes or 2) for which the pool backing the
debt contains self-liquidating mortgages that the issuer does not
actively manage)
10. Interest-only and principal-only strips and other
pro-rata slices of non-structured finance instruments
11. Money market and bond fund ratings
12. Pass through financings of non-structured finance instruments
issuing a single interest (e.g., a pass through of
five corporate bonds)
13. Project and corporate infrastructure financings (e.g.,
instruments for which the primary source of repayment is revenue generated
from the operation of infrastructure assets such as power plants,
chemical processing plants, mines, energy, transportation,
environment, telecommunications infrastructure, and housing
projects)
Securities Affected
Moody's is adding the "sf" indicator to the outstanding securities
listed below:
http://www.moodys.com/viewresearchdoc.aspx?docid=PBS_SF262616
Maria E. Leibholz
VP - Senior Credit Officer
Structured Finance Group
Moody's Investors Service, Inc.
250 Greenwich Street
New York, NY 10007
U.S.A.
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653
John Park
MD - Structured Finance
Structured Finance Group
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653
Releasing Office:
Moody's Investors Service, Inc.
250 Greenwich Street
New York, NY 10007
U.S.A.
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653
Moody's Updates its Determination of Types of Securities Constituting Structured Finance Instruments