Attached files
file | filename |
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EX-33.1 - EXHIBIT 33.1 - Hyundai Auto Receivables Trust 2009-A | v178892_ex33-1.htm |
EX-35.1 - EXHIBIT 35.1 - Hyundai Auto Receivables Trust 2009-A | v178892_ex35-1.htm |
EX-31.1 - EXHIBIT 31.1 - Hyundai Auto Receivables Trust 2009-A | v178892_ex31-1.htm |
EX-33.2 - EXHIBIT 33.2 - Hyundai Auto Receivables Trust 2009-A | v178892_ex33-2.htm |
EX-34.1 - EXHIBIT 34.1 - Hyundai Auto Receivables Trust 2009-A | v178892_ex34-1.htm |
EX-34.2 - EXHIBIT 34.2 - Hyundai Auto Receivables Trust 2009-A | v178892_ex34-2.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
——————
FORM
10-K
——————
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(Mark
One)
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[ X
]
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ANNUAL
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
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For
the fiscal year ended December 31,
2009
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[ ]
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TRANSITION
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
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For the
transition period from __________________________ to
___________________________
Commission
File Number of Issuing Entity 333-144832-03
Hyundai
Auto Receivables Trust 2009-A
(Exact
Name of Issuing Entity as Specified in its Charter)
Commission
File Number of Depositor 333-144832
Hyundai
ABS Funding Corporation
(Exact
Name of Depositor as Specified in its Charter)
Hyundai
Capital America
(Exact
Name of Sponsor as Specified in its Charter)
Delaware
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33-0978453
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(State
or Other Jurisdiction of Incorporation of the Registrant)
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(I.R.S.
Employer Identification No. of the
Registrant)
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c/o
3161 Michelson Drive, Irvine, California
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92612
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(Address
of Principal Executive Offices of Registrant)
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(Zip
Code of Registrant)
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(714)
594-1579
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(Registrant’s
telephone number including area
code)
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Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
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Name
of each exchange on which registered
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None
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None
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Securities
registered pursuant to Section 12(g) of the Act: None.
Indicate
by check mark if the registrant is a well-known seasoned issuer, as defined in
Rule 405 of the Securities Act. ¨ Yes ý No
Indicate
by check mark if the registrant is not required to file reports pursuant to
Section 13 or Section 15(d) of the Act. ¨ Yes ý No
Indicate
by check mark whether the registrant (1) has filed all reports required to be
filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the
preceding 12 months (or for such shorter period that the registrant was required
to file such reports), and (2) has been subject to such filing requirements for
the past 90 days. ý Yes ¨ No
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding
12 months (or for such shorter period that the registrant was required to submit
and post such files). ý Yes ¨ No
Indicate
by check mark if disclosure of delinquent filers pursuant to Item 405 of
Regulation S-K (§ 229.405 of this chapter) is not contained herein, and will not
be contained, to the best of registrant’s knowledge, in definitive proxy or
information statements incorporated by reference in Part III of this Form 10-K
or any amendment to this Form 10-K. ý
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting
company. See definition of “large accelerated filer,” “accelerated
filer” and “smaller reporting company” in Rule 12b-2 of the Exchange
Act. (Check one):
Large
Accelerated filer ¨
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Accelerated
filer ¨
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Non-accelerated
filer ý
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Smaller
reporting company ¨
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(Do
not check if a smaller reporting company)
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Indicate
by check mark whether the registrant is a shell company (as defined in Rule
12b-2 of the Exchange Act). ¨ Yes ý No
State the
aggregate market value of the voting and non-voting common equity held by
non-affiliates computed by reference to the price at which the common equity was
last sold, or the average bid and asked price of such common equity, as of the
last business day of the registrant’s most recently completed second fiscal
quarter. Not
applicable.
Indicate
the number of shares outstanding of each of the registrant’s classes of common
stock, as of the latest practicable date. Not applicable.
DOCUMENTS
INCORPORATED BY REFERENCE
List
hereunder the following documents if incorporated by reference and the Part of
the Form 10-K (e.g., Part I, Part II, etc.) into which the document is
incorporated: (1) Any annual report to security holders; (2) Any proxy or
information statement; and (3) Any prospectus filed pursuant to Rule 424(b) or
(c) under the Securities Act of 1933. The listed documents should be clearly
described for identification purposes (e.g., annual report to security holders
for fiscal year ended December 24, 1980). None.
PART
I
THE FOLLOWING ITEMS HAVE BEEN OMITTED
IN ACCORDANCE WITH GENERAL INSTRUCTION J(1) TO FORM 10−K:
(A)
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Item
1. Business
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(B)
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Item
1A. Risk Factors
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(C)
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Item
2. Properties
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(D)
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Item
3. Legal Proceedings
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(E)
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Item 4. (Removed and Reserved) |
Item
1B. Unresolved Staff Comments
None.
PART
II
THE FOLLOWING ITEMS HAVE BEEN OMITTED
IN ACCORDANCE WITH GENERAL INSTRUCTION J(1) TO FORM 10−K.
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(A)
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Item
5. Market for Registrant’s Common Equity, Related Stockholder
Matters.
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(B)
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Item
6. Selected Financial
Data.
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(C)
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Item
7. Management’s Discussion and Analysis of Financial Condition
and Results of Operations.
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(D)
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Item
7A. Quantitative and Qualitative Disclosures About Market
Risk.
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(E)
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Item
8. Financial Statements and Supplementary
Data.
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(F)
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Item
9. Changes in and Disagreements with Accountants on Accounting
and Financial Disclosure.
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(G)
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Item
9A. Controls and Procedures.
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Item
9A(T). Controls and Procedures.
Not
applicable.
Item
9B. Other Information.
None.
PART
III
THE
FOLLOWING ITEMS HAVE BEEN OMITTED IN ACCORDANCE WITH GENERAL INSTRUCTION J(1) TO
FORM 10−K.
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(A)
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Item
10. Directors and Executive Officers of the
Registrant.
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(B)
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Item
11. Executive
Compensation.
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(C)
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Item
12. Security Ownership of Certain Beneficial Owners and
Management and Related Stockholder
Matters.
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(D)
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Item
13. Certain Relationships and Related Transactions, and
Director Independence.
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(E)
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Item
14. Principal Accountant Fees and
Services.
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SUBSTITUTE INFORMATION PROVIDED IN
ACCORDANCE WITH GENERAL INSTRUCTION J(2) TO FORM 10-K:
Item
1112(b) of Regulation AB. Significant obligors of pool assets
(Financial Information):
Not
applicable.
Item
1114(b)(2) of Regulation AB. Credit Enhancement and Other Support,
Except for Certain Derivatives Instruments (Financial Information).
Not
applicable.
Item
1115(b) of Regulation AB. Certain Derivatives Instruments (Financial
Information).
Not
applicable.
Item
1117 of Regulation AB. Legal Proceedings.
No legal
proceedings are pending or known to be contemplated by governmental authorities
against any of Hyundai Capital America (the “Sponsor” and “Servicer”), Hyundai
ABS Funding Corporation (the “Depositor”), Citibank, N.A. (the “Indenture
Trustee”) or Hyundai Auto Receivables Trust 2009-A (the “Issuing Entity”), or of
which any property of the foregoing is the subject, that are material to holders
of the asset-backed notes or the certificates.
Item
1119 of Regulation AB. Affiliations and Certain Relationships and Related
Transactions.
Information
contemplated by Item 1119 of Regulation AB has been omitted from this report on
Form 10-K in reliance on Instruction to Item 1119 of Regulation AB.
Item
1122 of Regulation AB. Compliance with Applicable Servicing
Criteria
The
Servicer and the Indenture Trustee (together, the “Servicing Parties”) have each
been identified by the registrant as parties participating in the servicing
function with respect to the asset pool held by the Issuing Entity. Each
of the Servicing Parties has completed a report on an assessment of compliance
with the servicing criteria applicable to it (each, a “Servicing Report”), which
Servicing Reports are attached as exhibits to this Form 10-K. In addition, each
of the Sponsor and the Indenture Trustee has provided an attestation report
(each, an "Attestation Report") by one or more independent registered public
accounting firms, which reports are also attached as exhibits to this Form
10-K. None of the Servicing Reports prepared by any of the Servicing
Parties, and none of the related Attestation Reports, has identified any
material instance of noncompliance with the servicing criteria applicable to the
respective Servicing Party.
Item
1123 of Regulation AB. Servicer Compliance Statement.
The
Servicer has been identified by the registrant as a servicer with respect to the
asset pool held by the Issuing Entity. The Servicer has completed a
statement of compliance with applicable servicing agreement (a “Compliance
Statement”) signed by an authorized officer of the Servicer. The Compliance
Statement is attached as an exhibit to this Form 10-K.
No annual
report, proxy statement, form of proxy or other proxy soliciting material has
been sent to the registrant’s securityholders, and the registrant does not
presently contemplate sending any such materials subsequent to the filing of
this report.
PART
IV
Item
15. Exhibits, Financial Statement Schedules.
(a) List
of Documents Filed as Part of this Report
(1) Not applicable.
(2) Not applicable.
(3) The
exhibits filed in response to Item 601 of Regulation S-K are listed in the
Exhibit Index.
(b) The
exhibits filed in response to Item 601 of Regulation S-K are listed in the
Exhibit Index.
(c) Not
applicable.
SIGNATURE
Pursuant
to the requirements of Section 13 or 15(d) of the Securities Exchange Act of
1934, the Registrant has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.
Dated: March
29, 2010
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HYUNDAI
ABS FUNDING CORPORATION
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By: /s/ MIN SOK RANDY PARK
Name: Min
Sok Randy Park
Title: Vice
President and Secretary
(senior
officer in charge of securitization of the depositor)
EXHIBIT
INDEX
The
following exhibits are filed as part of this annual report or, where indicated,
were heretofore filed and are hereby incorporated by reference.
Exhibit
No.
3.1
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Amended and Restated Certificate
of Incorporation of Hyundai ABS Funding Corporation (incorporated
by reference to Exhibit 3.1 to Amendment No. 1 to the Form S-3 of Hyundai
ABS Funding Corporation, filed with the Securities and Exchange Commission
on July 30, 2004, File No. 333-117398)
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3.2
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Bylaws of Hyundai ABS Funding
Corporation (incorporated by reference to Exhibit 3.2 to Amendment
No. 1 to the Form S-3 of Hyundai ABS Funding Corporation filed with the
Securities and Exchange Commission on July 30, 2004, File No.
333-117398)
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4.1
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Second Amended and Restated Trust
Agreement, dated as of September 11, 2009, by and between Hyundai
ABS Funding Corporation, as
depositor, Wilmington Trust Company, as owner trustee, and Hyundai
Capital America, as
administrator (incorporated by reference to Exhibit 4.1 of Form 8-K, filed
with the Securities and Exchange Commission on September 14, 2009, File
No. 333-144832-03)
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4.2
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Indenture, dated as of September
11, 2009, by and between the Trust, as issuer, and the Indenture Trustee
(incorporated by reference to Exhibit 4.2 of Form 8-K, filed with the
Securities and Exchange Commission on September 14, 2009,
File No. 333-144832-03)
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10.1
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Receivables Purchase Agreement,
dated as of September 11, 2009, by and between Hyundai Capital
America, as seller
and Hyundai ABS Funding Corporation, as depositor (incorporated by
reference to Exhibit 10.1 of Form 8-K, filed with the Securities
and Exchange Commission on
September 14, 2009, File No. 333-144832-03)
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10.2
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Sale and Servicing Agreement,
dated as of September 11, 2009, by and among the Issuing Entity, as
issuer, Hyundai ABS Funding Corporation, as depositor, Hyundai
Capital America, as seller
and servicer and the Indenture Trustee (incorporated by reference to
Exhibit 10.2 of Form 8-K, filed with the Securities and Exchange
Commission on September 14,
2009, File No. 333-144832-03)
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10.3
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Owner Trust Administration
Agreement, dated as of September 11, 2009, by and among the Issuing
Entity, as issuer, Hyundai Capital America, as administrator, and the
Indenture Trustee (incorporated by reference to Exhibit 10.3 of Form 8-K,
filed with the Securities and Exchange Commission on September 14, 2009,
File No. 333-144832-03)
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31.1
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Certification
of senior officer in charge of securitization of the depositor pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002
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33.1
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Management’s
Assessment on Compliance with Regulation AB Criteria (Hyundai Capital
America)
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33.2
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Management’s
Assertion of Compliance (Citibank, N.A.)
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34.1
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Attestation
Report of KPMG LLP on Management’s Assertion of Compliance with Regulation
AB Criteria relating to Hyundai Capital America
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34.2
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Attestation
Report of KPMG LLP on Management’s Assertion of Compliance relating to
Citibank, N.A.
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35.1
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Annual
Servicer’s Compliance Certificate
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