BMW Vehicle Owner Trust 2010-A - FORM 10-K - EX-33.2 - INDENTURE TRUSTEE'S ASSERTION OF COMPLIANCE WITH REGULATION AB (CITIBANK, N.A.). - March 30, 2012

Attached files

file filename
10-K - ANNUAL REPORT - BMW Vehicle Owner Trust 2010-Aa10k.htm
EX-34.1 - REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM (J.H. COHN LLP, ON BEHALF OF BMW SF). - BMW Vehicle Owner Trust 2010-Aexhibit34_1.htm
EX-99.1 - SERVICER'S ANNUAL STATEMENT OF COMPLIANCE - BMW Vehicle Owner Trust 2010-Aexhibit99_1.htm
EX-35.1 - SERVICER COMPLIANCE STATEMENT OF BMW FS. - BMW Vehicle Owner Trust 2010-Aexhibit35_1.htm
EX-34.2 - REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM (KMPG, ON BEHALF OF CITIBANK, N.A.). - BMW Vehicle Owner Trust 2010-Aexhibit34_2.htm
EX-33.1 - MANAGEMENT'S ASSERTION OF COMPLIANCE WITH REGULATION AB (BMW FS). - BMW Vehicle Owner Trust 2010-Aexhibit33_1.htm
EX-31.1 - CERTIFICATION OF SENIOR OFFICER IN CHARGE OF THE SERVICING FUNCTION OF THE SERVICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 (BMW FS). - BMW Vehicle Owner Trust 2010-Aexhibit31_1.htm
EXHIBIT 33.2
 
Indenture Trustee’s Assertion on Compliance with Regulation AB Criteria
 
MANAGEMENT’S ASSERTION OF COMPLIANCE
 
Management of the Agency and Trust division of Citibank, N.A. (or “Company”) is responsible for assessing compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange Commission.

Management has determined that the servicing criteria in Item 1122(d) of Regulation AB are applicable in regard to the servicing platform for the period as follows:

Platform:  Publicly-issued (i.e., transaction-level reporting initially required under the Securities Exchange Act of 1934, as amended) and certain privately issued (i.e., for which transaction-level reporting is required pursuant to contractual obligation) automobile loan or lease-backed securities, equipment loan-backed securities and student loan-backed securities issued on or after January 1, 2006, for which the Company provides trustee and paying agent services (the “Platform”)

Applicable Servicing Criteria:  All servicing criteria set forth in Item 1122(d), to the extent required by Item 1122(d) servicing criteria in regards to the activities performed by the Company with respect to the Platform as to any transaction, except for the following criteria: 1122(d)(1)(i)-1122(d)(1)(iv), 1122(d)(2)(i), 1122(d)(2)(iii), 1122(d)(2)(vi)-1122(d)(2)(vii), 1122(d)(3)(i) and 1122(d)(4)(i)-1122(d)(4)(xv), which management has determined are not applicable to the activities the Company performs with respect to the Platform (the “Applicable Servicing Criteria”).

Period:  Twelve months ended December 31, 2011 (the “Period”).

With respect to the Platform as of and for the Period, the Company’s management provides the following assertion of compliance with respect to the Applicable Servicing Criteria:
·  
The Company’s management is responsible for assessing the Company’s compliance with the Applicable Servicing Criteria.
 
·  
The Company’s management has assessed compliance with the Applicable Servicing Criteria.  In making this assessment, management used the criteria set forth by the Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB.
 
·  
Based on such assessment, the Company has complied, in all material respects, with the Applicable Servicing Criteria.
 
KPMG LLP, an independent registered public accounting firm, has issued an attestation report with respect to management’s assertion of compliance with the Applicable Servicing Criteria as of and for the Period.
 
 
CITIBANK, N.A.

/s/ Karen Montbach                      
By:  Karen Montbach
Its:  Managing Director

Dated: February 28, 2012