| B01 — Current version/access |
Use S001 only within its displayed cutoff; failed originals do not establish legal absence. C001–C002, C105. Status: partial currentness authentication. |
Later amendments/status beyond authenticated bodies; annual-format access. |
“The page is available, therefore every later development is excluded.” |
Recheck official § 360.6 text and subsequent adopted Federal Register instructions, without entity or case queries. |
| B02 — Institution/capacity |
FDIC treatment depends on the source-defined institutional and conservator/receiver setting. C003–C005; S010–S012. |
Insured/charter/appointment predicates; nested category laws. |
Every bank-like actor or liquidating role falls within the same branch. |
Read the narrow applicable § 1813 definition and § 1821 appointment clause if that legal category becomes necessary. |
| B03 — Financial asset/transfer |
Cash/contractual financial rights and conveyance/security-interest alternatives are distinct. C006, C020; S001(a)(2), (12). |
Qualifying legal object and transfer characterization. |
Transfer necessarily means an outright valid sale. |
Examine public FDIC interpretation of (a)(2)/(12), keeping state-law title/perfection separate. |
| B04 — Investor/obligation |
Ownership of an issuer obligation and all obligation-definition conditions are necessary. C007, C012–C013; S001(a)(3), (6). |
Ownership and instrument-category predicates. |
Every issuer equity interest or economic exposure is an obligation. |
Clarify the public-law boundary between obligation and ownership exclusions in (a)(6). |
| B05 — Issuing entity/GSE |
Multi-step transferees are included, but Specified GSE-established/guaranteed entities are excluded. C008–C010; S001(a)(4), (10). |
Establishment/guarantee and organizational predicates. |
A generic entity label proves issuer inclusion. |
Re-read complete (a)(4)/(10) and any necessary public interpretation of that exclusion. |
| B06 — Sponsor/servicer/trustee |
Functions govern sponsor/servicer categories; the trustee exception has cumulative conditions. C017–C019; S001(a)(9), (11). |
Functions and role relationships. |
“Trustee” automatically excludes servicing or “sponsor” requires ownership. |
Examine public interpretation of the role-specific definitions, without roster or contract inspection. |
| B07 — Participation/no recourse |
Undivided-interest, agreement, participating-interest, and no-recourse predicates all matter. C014–C015, C058; S001(a)(7), (d)(1). |
Incorporated accounting characteristics and contractual category. |
Every loan sharing or participation label qualifies. |
Locate generic official clarification of the participating-interest incorporation and no-recourse condition. |
| B08 — LIFO participation |
The special counterfactual accounting condition must be met. C059; S001(d)(1), second sentence. |
Accounting test for the transferred portion. |
LIFO naming waives all sale-accounting conditions. |
Examine public explanation of the precise counterfactual test in (d)(1). |
| B09 — Transition event |
One of the three event alternatives plus old GAAP/former-rule predicates is necessary. C060–C061; S001(d)(2). |
Transfer/issuance/commitment categories and dates; old standards. |
Every old or continuing trust is grandfathered without limits. |
Read generic interpretation of the trust/open-commitment alternatives, preserving the adoption-date maximum. |
| B10 — Former definitions |
Former SPE, beneficial-interest, participation, and securitization definitions remain relevant to the historical incorporation. C091–C095; S003; S001(d)(2). |
Historical securities-exemption and accounting incorporations. |
Current definitions automatically replace every incorporated former definition. |
Read the exact historical public securities exemption or official accounting-incorporation explanation if indispensable. |
| B11 — Later sale accounting |
Later event category, applicable (b)/(c), and specified GAAP conditions are cumulative. C062; S001(d)(3). |
Each legal/documentary/accounting predicate. |
Off-balance-sheet terminology establishes protection. |
Examine complete relevant public interpretation of (d)(3)’s GAAP/legal-isolation relationship. |
| B12 — Later non-sale accounting |
Failure of sale accounting can lead to (d)(4), but only with its other conditions. C063–C068; S001(d)(4). |
Applicable (b)/(c) and event predicates. |
Non-sale accounting means either no protection at all or automatic no-reclaim protection. |
Clarify the distinct public-law function of (d)(4) versus (d)(3). |
| B13 — Re-securitization/CDO |
The exclusion has a specified underlying-disclosure exception. C025; S001(b)(1)(i)(A). |
Required documentary disclosure provisions. |
All re-securitizations are prohibited or all are included. |
Read the incorporated (b)(2) conditions as applied to underlying assets in public generic interpretation. |
| B14 — Asset-dependent payment |
Independent-event contingencies, synthetic and unfunded categories face the stated restrictions. C026; S001(b)(1)(i)(B). |
Payment dependence and any rate/currency mismatch. |
Every asset-linked label satisfies the payment condition. |
Clarify the scope of the stated mismatch exception without constructing a transaction. |
| B15 — Residential structure/support |
Any residential mortgage triggers the additional tranche/support conditions and their exceptions. C027–C029; S001(b)(1)(ii). |
Asset category, structure, and support classification. |
Majority-residential threshold; guaranteed recovery from permitted support. |
Read generic public interpretation of “any,” the senior-tranche exception, and issuer/pool versus loan-level support. |
| B16 — Regulation AB disclosure |
The qualified clause applies when issuance is subject to Regulation AB; omission has separate predicates. C031–C032, C101; S001(b)(2)(i)(A). |
Complete current Regulation AB scope and information availability. |
Outside Regulation AB means no § 360.6 disclosures. |
Read the complete indispensable scope provisions of 17 CFR Part 229, Subpart 229.1100. |
| B17 — Continuing disclosure |
Other initial/continuing performance and compensation conditions remain. C030, C033–C035; S001(b)(2)(i)(B)–(D). |
Required document provisions and covered information categories. |
Initial disclosure alone satisfies continuing conditions. |
Examine generic interpretation of the separate issuance, outstanding-obligation, and deferred-compensation events. |
| B18 — Origination/due diligence |
Material origination affirmations, report disclosure, and then-applicable standards are required in the residential branch. C037, C049; S001(b)(2)(ii)(B), (b)(5)(ii)(B). |
Complete incorporated guidance/law and origination-time application. |
A representation proves lawful origination or later guidance governs every earlier asset. |
Read the exact necessary public origination/guidance provision and its application clause. |
| B19 — Other whole-loan interest |
Specified servicer/affiliate ownership in other whole loans on the same property is distinguished from ownership of an obligation. C038; S001(b)(2)(ii)(C). |
Ownership-category and relationship predicates. |
All security ownership triggers the same disclosure. |
Clarify the rule’s whole-loan/obligation distinction through public generic interpretation. |
| B20 — Contractual roles |
Documents must distinguish authority, responsibilities, conflicts, and multiple roles. C039, C055; S001(b)(3), (c)(6). |
Qualifying documentary provisions and external enforceability. |
Stating a role proves actual authority or creates an enforceable contract. |
Examine the public-law purpose of the separate-transferor-agreement requirement. |
| B21 — Loss mitigation |
The 90-day commencement requirement includes cure and Regulation X qualifications. C040–C041; S001(b)(3)(ii)(A); S007. |
Complete relevant Regulation X authority; event/counting facts absent. |
Mandatory foreclosure, successful modification, or a borrower-specific remedy. |
Read only the indispensable current Regulation X clause needed to identify a potential conflict. |
| B22 — Advances |
More than three periods requires qualifying facilities not repayable from foreclosure proceeds. C042; S001(b)(3)(ii)(B). |
Payment-period definition and facility category. |
Three periods necessarily means three months; facility existence guarantees liquidity. |
Examine generic interpretation of the financing/reimbursement exception. |
| B23 — Compensation |
Residential evaluation and servicing compensation conditions have distinct timing/base/incentive functions. C043–C044; S001(b)(4). |
Compensation categories, bases, and valuation conventions. |
The 60% cap is a household fee cap or investment-return measure. |
Clarify the public rule’s estimated-compensation denominator and NPV objective. |
| B24 — Retention branch |
Closing relative to applicable compliance date selects old versus incorporated-documentation requirements. C045–C046, C087–C090; S001(b)(5)(i)(A)–(B). |
Complete applicable § 15G implementing provisions and category. |
Universal 5% compliance or automatic satisfaction through any retention. |
Read the complete applicable public risk-retention option, definitions, exemptions, and transfer/hedge restrictions. |
| B25 — Early historical option |
The option has the specified publication-relative closing window and documentary substitution. C047, C099; S001(b)(5)(i)(C); S006. |
Residual-marker clarification and any necessary application interpretation. |
Publication equals effectiveness; optional transition remains open for every new transaction. |
Search only official corrections or generic interpretations of the exact clause/date anomaly. |
| B26 — Residential reserve |
Cash-proceeds reserve, breach-repurchase purpose, and remaining-balance release are separate from retention. C048; S001(b)(5)(ii)(A). |
Base, required repurchase category, and remaining balance. |
Every 5% rule uses one base or guarantees reserve return. |
Clarify the reserve’s public-law scope and its distinction from § 15G retention. |
| B27 — Affiliate/consideration |
Arm’s-length/bona-fide wording, mandatory affiliate-sale condition, exception, and adequate consideration remain separate. C050, C053; S001(c)(1), (4). |
Affiliate/insider meanings, consolidation and valuation law. |
An invented majority percentage or accounting consolidation alone proves the exception. |
Locate a specific official interpretation defining the terms for § 360.6, without importing an unrelated regime. |
| B28 — Writing/approval/records |
Writing, approval, minutes, and continuous official-record status are cumulative. C051; S001(c)(2). |
Documentary and authorization predicates. |
Signature or a document title alone proves all conditions. |
Compare the public requirements of (c)(2), § 1823(e), and narrow (g) relief. |
| B29 — Ordinary course/fraud |
Ordinary course, no insolvency contemplation, and no fraudulent intent are required; other powers remain preserved. C052, C074; S001(c)(3), (i). |
Governing legal tests and all factual predicates. |
The safe-harbor label immunizes every transfer from avoidance. |
Read a narrowly necessary public statutory avoidance provision only under a separate scope. |
| B30 — Perfection |
Proper UCC/applicable-state-law perfection is a separate condition. C054, C078; S001(c)(5); S012(e)(12). |
Applicable jurisdiction and complete perfection law. |
Federal treatment itself perfects an interest or establishes title. |
Identify the exact public perfection-law question; full state-law application remains held. |
| B31 — Records/commingling |
The accessible-record condition and limited two-business-day clearing exception are distinct. C056–C057; S001(c)(7). |
Role, clearing necessity, time convention, and required records. |
A general two-day permission to commingle or a public right to obtain records. |
Examine official generic explanation of the clearing exception and FDIC-request condition. |
| B32 — Default consent notice |
Post-appointment collection-related default, contractual cure, actual delivery, ten business days, and paragraph (f) are cumulative. C011, C064–C065, C071. |
Default/cure/delivery predicates and counting law. |
Any missed payment or sent notice triggers immediate consent. |
Clarify the generic counting and notice predicates in (d)(4)(i)/(f), without preparing a request. |
| B33 — Repudiation consent |
Written notice, effective date, and nonpayment of defined damages trigger the separate route. C066; S001(d)(4)(ii). |
Notice effectiveness, qualifying damages/payment, counting conventions. |
Actual delivery and notice effectiveness are interchangeable. |
Examine official interpretation of this clause’s distinct notice-effective-date trigger. |
| B34 — Damages/release |
The specified par/principal/receipt-limited interest relation and payment-conditioned release must be preserved. C067–C068. |
Contractual accrual conventions, legally relevant amounts, payment predicate. |
Market value, all future interest, or borrower-debt cancellation follows. |
Clarify only the public legal meaning of the formula components and defined lien-release scope. |
| B35 — Interim servicing/payments |
Actual receipts and the giving-notice cutoff govern the interim branch; prior paid interest has its separate protection. C069–C070; S001(d)(4)(iii), (e). |
Applicable stage, receipts, role, and documents. |
FDIC must fund every scheduled payment from unrelated resources. |
Examine generic interpretation of receipt-limited payments and servicing subject to repudiation. |
| B36 — Contemporaneity |
Relief is limited to the specified objection against an otherwise legally enforceable agreement. C072, C083–C086. |
Other documentary/enforceability predicates; statutory renumbering chain. |
All defects, claims procedures, or state-law requirements are excused. |
Authenticate the narrow statutory redesignation and relevant current public clauses; no case inquiry. |
| B37 — Statutory consent periods |
The 45/90-day distinction and all listed exclusions remain material. C080–C082; S012–S014. |
Actual capacity; QFC/netting/credit-category authority; counting. |
Every contract is stayed identically or any consent removes all other law. |
Read only the indispensable full QFC/netting/credit exception if its legal category becomes necessary. |
| B38 — Priority/saved powers |
The rule preserves other rights and claims priority and does not broadly waive property restrictions. C073–C074, C082. |
Complete priority, property, and special-exception regimes. |
Safe harbor equals priority enhancement, deposit insurance, or assured recovery. |
Investigate a separately scoped public priority/property provision only if required. |
| B39 — Assignment/bridge category |
The right to consent has a narrow transfer restriction and conservator/bridge-bank exception. C075; S001(j); S010(i)(2). |
Complete bridge-institution qualification and contextual meaning. |
Every purchaser inherits FDIC’s consent power; every claim assignment is prohibited. |
Read the indispensable generic § 1821(n) organization clause and any necessary terminology history. |
| B40 — Repeal/reliance |
Thirty-day notice and protection for qualifying pre-repeal issuance are the current text. C076, C095. |
Any adopted repeal/application instrument, if one exists. |
The clause proves repeal, perpetual protection, or completion of all rulemaking law. |
Recheck official adopted repeal/amendment text and its precise savings clause. |
| B41 — Incorporated standards |
Incorporation identifies an external condition; it does not complete that condition. C022, C087–C090, C109. Status: partial. |
Complete GAAP, Regulation AB/X, risk-retention and origination bodies. |
Familiarity with an external label substitutes for reading its current predicates. |
Read the exact indispensable public clause identified in the dependency table below. |
| B42 — Actual enforceability/remedy |
The selected text supports conditional power limitations and consent, not a completed standing/jurisdiction/remedy determination. C106–C107. Status: unresolved/excluded application. |
Full statutory/procedural authority and all actual predicates. |
Permission in a regulation establishes an immediately enforceable personal remedy. |
Separately scope the relevant public claims/jurisdiction provisions; no case or filing inquiry. |
| B43 — Other A095 subjects |
This section does not complete broader funding, repo, derivatives, insurance/pension liabilities, valuation, or resolution regimes. C106–C109. Status: excluded by scope. |
Separate authorities and separately authorized research. |
This pass is an investment, solvency, bank, or debt-relief assessment. |
Identify one bounded public-law component before any further research. |
| B44 — History/source discrepancy |
The 2015 residual markers, March 2010 year discrepancy, and differing statutory cutoffs remain visible. C047, C086, C097, C105. Status: partial/unresolved. |
Correcting instruments and complete later history not authenticated. |
Silently repair text or treat failed access as absence of law. |
Locate exact official corrections/enacted redesignations and reread the affected clause only. |