Financial Regulation

Intermediate

Risk Retention

A requirement or contractual arrangement under which an originator, sponsor, or intermediary keeps part of the credit risk associated with transferred assets.

Why It Matters

Risk retention seeks to reduce originate-to-distribute moral hazard, but its effectiveness depends on the retained slice, hedging, capital treatment, screening technology, and market structure.

Selected Literature

A short list of directly relevant archive entries.

Related Cases

1986

Financial Law

FDIC v. Philadelphia Gear Corp.

476 U.S. 426 (1986)

Whether an unfunded standby letter of credit backed by a contingent promissory note creates an insured deposit.

1996

Financial Law

United States v. Winstar Corp.

518 U.S. 839 (1996)

Government contractual commitments made during thrift supervisory mergers and later regulatory change.