Capstead Mortgage Corporation (NYSE: CMO) announced today that it has
submitted a comment letter to the U.S. Securities and Exchange
Commission regarding the SEC's Concept Release reviewing interpretive
issues related to the Section 3(c)(5)(C) exemption to the Investment
Company Act of 1940 (Release No. IC-29778).
Commenting on the submission, Andrew F. Jacobs, President and Chief
Executive Officer, said, "In our letter we focused on why we believe the
Commission should interpret the Investment Company Act of 1940 Section
3(c)(5)(C) exclusion from regulation as an investment company for real
estate companies in a broad fashion. In particular, we asked that the
Commission affirm its staff’s past interpretations that companies
holding so called whole pool certificates are appropriately excluded
from regulation as investment companies. Further we asked that the
Commission designate both pass-through and pay-through partial pool
certificates as qualifying interests for Section 3(c)(5)(C) exclusion
purposes. This may become of critical importance given future changes
that could occur as a result of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act and reforming Fannie Mae and Freddie
Mac.
"Finally, we strongly endorse the findings and comments made in the
National Association of Real Estate Investment Trusts’ residential
mortgage real estate investment trust ("mortgage REIT”) comment letter
and the Securities Industry and Financial Markets Association’s comment
letter regarding (a) the well-regulated environment in which mortgage
REITs currently operate that fosters a culture within which investors
are well-protected, and (b) the significant current and future role of
mortgage REITs in supporting our nation’s housing markets through
capital formation.”
The comment letter will be available in the investor relations section
of the Company's website at www.capstead.com
and on the SEC's website at www.sec.gov.
Capstead Mortgage Corporation, formed in 1985 and based in Dallas,
Texas, is a self-managed mortgage REIT for federal income tax purposes.
Capstead earns income from investing in a leveraged portfolio of
residential mortgage pass-through securities consisting almost
exclusively of adjustable-rate mortgage securities issued and guaranteed
by government-sponsored enterprises, either Fannie Mae or Freddie Mac,
or by an agency of the federal government, Ginnie Mae.
