Attached files
| file | filename |
|---|---|
| EX-35.1 - EXHIBIT 35.1 - Capital One Prime Auto Receivables Trust 2019-1 | autocoparexhibit351.htm |
| EX-34.2 - EXHIBIT 34.2 - Capital One Prime Auto Receivables Trust 2019-1 | autocoparexhibit342.htm |
| EX-34.1 - EXHIBIT 34.1 - Capital One Prime Auto Receivables Trust 2019-1 | autocoparexhibit341.htm |
| EX-33.1 - EXHIBIT 33.1 - Capital One Prime Auto Receivables Trust 2019-1 | autocoparexhibit331.htm |
| EX-31.1 - EXHIBIT 31.1 - Capital One Prime Auto Receivables Trust 2019-1 | autocoparexhibit311.htm |
| 10-K - 10-K - Capital One Prime Auto Receivables Trust 2019-1 | a2019-1autocopar10xk.htm |
Exhibit 33.2
Management Assessment Report
Management of Wilmington Trust Corporation (the Corporation) is responsible for assessing compliance with the applicable servicing criteria set forth in Item 1122(d)(2)(ii), 1122(d)(2)(iv), 1122(d)(2)(v), 1122(d)(3)(i), 1122(d)(3)(ii), 1122(d)(3)(iii) and 1122(d)(3)(iv) of Regulation AB of the Securities and Exchange Commission relating to the servicing of auto related asset-backed transactions initiated or amended for purposes of Regulation AB on or after January 1, 2006, for which the Corporation provides trustee services (the Platform) as of and for the year ended December 31, 2019. Management has determined that all other criteria set forth in Item 1122(d) are not applicable to the servicing activities performed by the Corporation with respect to the Platform. Appendix A to this report identifies the auto related asset-backed transactions defined by management as constituting the Platform.
The Corporation’s management has assessed the Corporation’s compliance with the applicable servicing criteria as of and for the year ended December 31, 2019. In making this assessment, management used the criteria set forth by the Securities and Exchange Commission in criterion (d)(2)(ii), (d)(2)(iv), (d)(2)(v), (d)(3)(i), (d)(3)(ii), (d)(3)(iii) and (d)(3)(iv) of Item 1122 of Regulation AB. The activities the Corporation performs with respect to the applicable 1122(d) servicing criteria are listed on the attached Appendix A.
With respect to the Corporation’s obligation to issue a notification to be included in the client’s Form 8-K. Form 10-D and Form 10-K under applicable servicing criterion 1122(d)(3)(i), there were no activities performed during the year ended December 31, 2019, with respect to the Platform, because there were no occurrences of events that would require the Corporation to perform such activities.
Based on such assessment, management believes that, as of and for the year ended December 31, 2019, the Corporation has complied in all material respects with the servicing criteria set forth in Item 1122(d)(2)(ii), 1122(d)(2)(iv), 1122(d)(2)(v), 1122(d)(3)(i), 1122(d)(3)(ii), 1122(d)(3)(iii) and 1122(d)(3)(iv) of Regulation AB of the Securities and Exchange Commission relating to the servicing of the Platform.
PricewaterhouseCoopers LLP, a registered public accounting firm, has issued an attestation report with respect to management’s assessment of compliance with the applicable servicing criteria as of and for the year ended December 31, 2019.
/s/ PATRICK TADIE | ||
Name: Patrick Tadie | ||
Title: Group Vice President | ||
ICS Global Capital Markets | ||
Date: February, 28, 2020 | ||
1
Appendix A
2019
Overview of Applicable Servicing Criteria and Associated Platform Transactions
ABS - Auto
Transactions | Item 1122 | Applicable Activity |
Fifth Third Auto Trust 2014-1 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Fifth Third Auto Trust 2014-2 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Fifth Third Auto Trust 2014-3 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Fifth Third Auto Trust 2015-1 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2014-3 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2014-4 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2014-5 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2015-1 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2015-2 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2015-3 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2015-4 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2015-5 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2016-1 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2016-2 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2016-3 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
DRIVE Auto Receivables Trust 2017-1 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
2
Transactions | Item 1122 | Applicable Activity |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2017-2 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2017-3 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
Fifth Third Auto Trust 2017-1 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(2)(iv) | Company’s obligation: The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (eg., with respect to commingling of cash) as set forth in the transaction agreements. | |
(d)(2)(v) | Company’s obligation: Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, "federally insured depository institution" with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. | |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
3
Transactions | Item 1122 | Applicable Activity |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2018-1 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2018-2 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2018-3 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
4
Transactions | Item 1122 | Applicable Activity |
DRIVE Auto Receivables Trust 2018-4 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2018-5 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
CarMax Auto Owner Trust 2018-2 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
CarMax Auto Owner Trust 2018-3 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
5
Transactions | Item 1122 | Applicable Activity |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
CarMax Auto Owner Trust 2018-4 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2019-1 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2019-3 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
6
Transactions | Item 1122 | Applicable Activity |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
DRIVE Auto Receivables Trust 2019-4 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
Fifth Third Auto Trust 2019-1 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(2)(iv) | Company’s obligation: The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (eg., with respect to commingling of cash) as set forth in the transaction agreements. | |
(d)(2)(v) | Company’s obligation: Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, "federally insured depository institution" with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. | |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
7
Capital One Prime Auto Trust 2019-1 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(2)(iv) | Company’s obligation: The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (eg., with respect to commingling of cash) as set forth in the transaction agreements. | |
(d)(2)(v) | Company’s obligation: Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, "federally insured depository institution" with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. | |
(d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
Capital One Prime Auto Trust 2019-2 | (d)(2)(ii) | Company’s obligation: Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel |
(d)(2)(iv) | Company’s obligation: The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (eg., with respect to commingling of cash) as set forth in the transaction agreements. | |
(d)(2)(v) | Company’s obligation: Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, "federally insured depository institution" with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. | |
(d)(3)(ii) | Company’s obligation: Amounts due to investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreement | |
(d)(3)(iii) | Company’s obligation: Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements. | |
(d)(3)(iv) | Company’s obligation: Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. | |
Santander Drive Auto Receivable Trust 2019-2 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
Santander Drive Auto Receivable Trust 2019-3 | (d)(3)(i) | Company’s obligation to issue a notification of any activity giving rise to Form 10-D or Form 8-K disclosure items |
8