Item 1. BUSINESS --------
Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
Item 2.
Item 2. PROPERTIES ----------
Reference is made to the Annual Compliance Certificate attached as Exhibit 20 hereto.
Reference is made to the Annual Statement attached as Exhibit 13 hereto.
Item 3.
Item 3. LEGAL PROCEEDINGS -----------------
NONE
Item 4.
Item 4. SUBMISSION OF MATTERS TO VOTE OF SECURITY HOLDERS -------------------------------------------------
None PART II -------
Item 5.
Item 5. MARKET FOR REGISTRANT'S COMMON EQUITY AND RELATED STOCKHOLDER MATTERS ---------------------------------------------------------------------
There is no established trading market for Registrant's securities subject to this filing.
Number of holders of record of the Securities as of January 31, 1997:
- ---
Item 6.
Item 6. SELECTED FINANCIAL DATA -----------------------
Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
Item 7.
Item 7. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND --------------------------------------------------------------- RESULTS OF OPERATIONS - ---------------------
Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
Item 8.
Item 8. FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA -------------------------------------------
Reference is made to the Annual Compliance Certificate attached as Exhibit 20 hereto.
Reference is made to the annual Independent Accountant's Report on the Servicer's compliance with loan servicing standards as prepared by KPMG Peat Marwick, the Servicer's and Registrant's Independent Certified Public Accountants, accompanied by the Registrant's Management Assertion, and attached as Exhibit 99 hereto.
Item 9.
Item 9. CHANGES IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING AND --------------------------------------------------------------- FINANCIAL DISCLOSURE - --------------------
None.
PART III --------
Item 10.
Item 10. DIRECTORS AND EXECUTIVE OFFICERS OF THE REGISTRANT --------------------------------------------------
Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
Item 11.
Item 11. EXECUTIVE COMPENSATION ----------------------
Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
Item 12.
Item 12. SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT --------------------------------------------------------------
The following information is furnished as of January 31, 1997 as to each Security of record of more than 5% of the Securities:
Item 13.
Item 13. CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS ----------------------------------------------
(a) None
(b)-(d) Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
PART IV -------
Item 14.
Item 14. EXHIBITS, FINANCIAL STATEMENT SCHEDULES, AND REPORTS ON FORM 8-K ----------------------------------------------------------------
1. The financial statement of Financial Security Assurance Inc. (the surety provider) contained in the annual report on form 10-k of Financial Security Assurance Holdings Ltd. for the period ended December 31, 1996 and filed with the SEC on March 24, 1997 is hereby incorporated herein by reference.
2. Not Applicable
3. Exhibits --------
13. Annual Statement
20. Annual Compliance Certificate
99. Reference is made to the annual Independent Accountant's Report on the Servicer's compliance with loan servicing standards as prepared by KPMG Peat Marwick, the Servicer's and
Registrant's Independent Certified Public Accountants, accompanied by the Registrant's Management Assertion, and attached as Exhibit 99 hereto.
(b)-(d) Omitted pursuant to the "Request for no-action letter forwarded to the Office of Chief Counsel Division of Corporation Finance" dated September 13, 1996.
SIGNATURES
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, thereto duly authorized on the 26th day of March, 1997.
TMS AUTO HOLDINGS INC., as SELLER
BY: /s/ Marc Turtletaub --------------------------------- MARC TURTLETAUB CHIEF EXECUTIVE OFFICER
BY: /s/ Morton Dear ------------------------------ MORTON DEAR EXECUTIVE VICE PRESIDENT CHIEF FINANCIAL OFFICER (PRINCIPAL FINANCIAL OFFICER)
BY: /s/ James K. Ransom --------------------------------- JAMES K. RANSOM VICE PRESIDENT (PRINCIPAL ACCOUNTING OFFICER)
Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the Registrant and in the capacities indicated on the 26th day of March, 1997.
BY: /s/ J. Tom Jones -------------------------------- J. TOM JONES PRESIDENT DIRECTOR
BY: /s/ Morton Dear ------------------------------------- MORTON DEAR EXECUTIVE VICE PRESIDENT CHIEF FINANCIAL OFFICER (PRINCIPAL FINANCIAL OFFICER) DIRECTOR
BY: /s/ William Epstein --------------------------------------- WILLIAM EPSTEIN DIRECTOR