The SEC exempts AI data center ABS from core regulatory requirements, further opening up financing channels for technology companies

According to Bloomberg, the U.S. Securities and Exchange Commission (SEC) recently issued an internal letter that explicitly exempts asset-backed securities (ABS) related to AI data centers from the core investor protection regulations established after the 2008 financial crisis, including the "risk retention" requirement that issuers retain a portion of the debt. The SEC determined that data centers are not financial assets that are liquidated over time, and therefore the securities linked to them should not be subject to the same regulatory constraints as ABS related to auto loans or mortgage loans.

Although this move is not an official amendment to the law, the substantial impact should not be underestimated, as companies have previously adhered to relevant regulations out of compliance prudence. In terms of market size, the annual issuance of data center ABS has surged from $2.4 billion in 2020 to $15.5 billion in 2025, growing more than sixfold over five years, with the potential to set a new historical high in 2026.