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S 384 103th Congress Senate Commerce Administrative procedure Bank capital Bank loans Brokers Credit unions Department of the Treasury Federal preemption Finance and Financial Sector Income tax Loans Margins (Security trading) Pension funds Promissory notes Savings and loan associations Secondary mortgage market Securities regulation Small business

Small Business Loan Securitization and Secondary Market Enhancement Act of 1993

Introduced: February 17, 1993 See on congress.gov
 Everywhere this bill has been 7 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 21, 1993
Committee on Banking. Provisions of measure incorporated into measure S. 1275 ordered to be reported.
Sep 9, 1993
Committee on Banking. Hearings held. Hearings printed: S.Hrg. 103-294.
May 6, 1993
Sponsor introductory remarks on measure. (CR S5570-5571)
Mar 4, 1993
Subcommittee on Securities. Hearings held. Hearings printed: S.Hrg. 103-77.
Feb 17, 1993
Read twice and referred to the Committee on Banking.
Feb 17, 1993
Sponsor introductory remarks on measure. (CR S1742-1744)
Feb 17, 1993
Introduced in Senate
 Plain-English summary Congressional Research Service

Small Business Loan Securitization and Secondary Market Enhancement Act of 1993 - Amends the Securities Exchange Act of 1934 to define a "small business related security" (SBRS) as generally a high rated security that represents and is secured by promissory notes evidencing and that provides for payments of principal in relation to payments on the notes. Provides that SBRSs shall be exempt from: (1) certain restrictions in the margin and securities delivery rules; (2) certain restrictions on borrowing on securities by and lending among, brokers, dealers, and other members of national securities exchanges; and (3) certain prohibitions on the extension of credit by members of exchanges, brokers, and dealers against a security which was part of a new issue.

Amends the Home Owners' Loan Act, the Federal Credit Union Act, and related statutes to allow banks, credit unions, and other depository institutions to invest in SBRSs.

Amends the Secondary Mortgage Market Enhancement Act of 1984 to: (1) authorize any U.S. person or entity to invest in SBRS, to the same extent such person is authorized to invest in U.S. obligations issued; and (2) exempt SBRSs from any State law's security registration and qualification to the same extent that U.S. securities are so exempt. Provides for States to enact provisions prescribing specific requirement for SBRSs.

Requires the accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required by appropriate Federal banking agencies to be uniform and consistent with generally accepted accounting principles. Prohibits the amount of capital required to be maintained by a depository institution with respect to the sale of a small business loan with recourse from exceeding an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. Requires an SBRS to be treated as a mortgage-backed security under the risk-based capital requirements applicable to insured depository institutions.

Directs the Secretary of Labor to exclude transactions involving SBRSs from certain restrictions and taxes imposed on "prohibited transactions" under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (thereby allowing pension fund managers to participate in the pooling and packaging of small business loans for sale as securities).

Requires the Secretary of the Treasury to promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein in a manner similar to the taxation of a real estate mortgage investment conduit and the holder of an interest therein under the Internal Revenue Code.

What's happening now September 21, 1993

Committee on Banking. Provisions of measure incorporated into measure S. 1275 ordered to be reported.

 Committees of jurisdiction 2