ARTICLE
19 March 2026

The U.S. Basel III Endgame Reproposal: Analysis Of The Securitization Framework

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The Federal Reserve, OCC, and FDIC have issued concurrent notices of proposed rulemaking that would fundamentally transform the risk-based capital framework for U.S. banking organizations, introducing a new expanded risk-based approach and revising the standardized approach. This whitepaper examines the proposed securitization framework changes, including the replacement of current bifurcated methodologies with a single SEC-SA methodology, new operational criteria for synthetic securitizations, and modifica
United States Finance and Banking
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On March 19, 2026, the Federal Reserve, the OCC, and the FDIC issued three concurrent notices of proposed rulemaking (collectively, the “Reproposal”) that would substantially revise the risk-based capital framework for U.S. banking organizations. The Reproposal would, among other things, (1) introduce a new “expanded risk-based approach” (“ERBA”) for calculating risk-weighted assets that would be mandatory for Category I and II banking organizations and available on an opt-in basis for other banking organizations, and (2) revise the standardized approach applicable to all other banking organizations (other than those using the CBLR framework).

The whitepaper focuses on the securitization framework under both ERBA and the revised standardized approach. The Reproposal would replace the current bifurcated securitization capital framework (which uses SSFA and the gross-up approach under the standardized approach, and SFA under the advanced approaches) with a single methodology, SEC-SA, applicable under both frameworks. In addition to SEC-SA, the whitepaper discusses proposed changes to the securitization definitions, new operational criteria for synthetic securitizations, the introduction of a new credit risk mitigant (the “eligible prepaid credit protection arrangement”), and changes to the treatment of commitments and CCFs.

Read the full whitepaper here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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