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The SEC’s New Line-Item Disclosure Rules for Asset-Backed Securities: MOTS or TMI?

31 Pages Posted: 30 Sep 2012 Last revised: 30 Oct 2012

Joan MacLeod Heminway

University of Tennessee College of Law

Date Written: January 24, 2012

Abstract

Despite the lack of a dominant explanation for the level of risk assumed by investors in asset-backed securities in the period preceding the financial crisis, the U.S. Congress proposed and passed new disclosure prescriptions addressing various aspects of the secondary mortgage market as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This essay asks whether certain disclosure provisions embraced in Dodd-Frank and the related regulations of the U.S. Securities and Exchange Commission are merely new and necessary components of a disclosure infrastructure that the SEC has been building for years for the protection of investors and markets — more of the same (MOTS) — or whether they represent unnecessary window dressing (or worse yet, harmful overregulation) in calling for excessive additional information — too much information (TMI).

Keywords: Dodd-Frank, secondary mortgage market, asset-backed securities, disclosure

JEL Classification: G18, G21, G28, G38, K20, K22, K40

Suggested Citation

Heminway, Joan MacLeod, The SEC’s New Line-Item Disclosure Rules for Asset-Backed Securities: MOTS or TMI? (January 24, 2012). 35 Hamline L. Rev. 385 (2012); University of Tennessee Legal Studies Research Paper No. 200. Available at SSRN: https://ssrn.com/abstract=2154551

Joan Heminway (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865-974-3813 (Phone)
865-974-0681 (Fax)

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