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CFTC’s Division of Market Oversight Extends Time-Limited No-Action Relief for SEFs from Certain Block Trade Requirements

On November 14, 2017, the U.S. Commodity Futures Trading Commission’s Division (“CFTC“) of Market Oversight extended time-limited no-action relief to swap execution facilities (“SEFs“) from certain requirements under the...more

11/22/2017  /  CFTC , No-Action Relief , Swap Dealers , Swaps

Rating Agency Developments

On November 14, 2017, DBRS published its global methodology for rating finance companies. Release. On November 14, 2017, Fitch updated its U.S. RMBS seasoned, re-performing, and nonperforming loan criteria. Release....more

SEC No Action Letter Regarding Investments in Credit Risk Transfer Securities

On October 16, the SEC Division of Investment Management granted no-action relief in response to a request by Orrick on behalf of Redwood Trust. The Redwood request and the SEC staff response impact the way in which...more

SEC No-Action Letter Regarding Investments in Credit Risk Transfer Securities

On October 16, the SEC Division of Investment Management granted no-action relief in response to a request by Orrick on behalf of Redwood Trust. The Redwood request and the SEC staff response impact the way in which...more

Rating Agency Developments

On March 29, 2017, Moody’s published its approach to assessing credit risk for multilateral development banks and other supranational entities. Report. On March 28, 2017, DBRS published its methodology for rating...more

4/6/2017  /  CMBS , DBRS , Fitch , Moody's , Rating Agencies , RMBS

CFPB Proposes to Provide Flexibility in Collecting Information

On March 24, 2017, the Consumer Financial Protection Bureau (“CFPB“) released a proposal to amend Equal Credit Opportunity Act regulations. The proposal would provide flexibility for lenders in collecting information about...more

House Committee on Financial Services Comments on OCC Fintech Charter

All 34 Republican members of the Financial Services Committee of the U.S. House of Representatives, including Chairman Jeb Hensarling (Tex. – R) and Vice Chairman Patrick McHenry (N.C. – R), in a letter dated March 10, 2017,...more

Rating Agency Developments

On January 31, 2017, Moody’s updated its U.S. RMBS surveillance methodology. Report. On January 31, 2017, Moody’s updated its rating methodology for rated issuers in the telecommunications service provider industry...more

2/8/2017  /  Moody's , Rating Agencies , RMBS

The OCC Publishes Final Rule Adjusting Civil Money Penalties for Inflation

On January 27, 2017, the Office of the Comptroller of the Currency (the “OCC“) published a final rule amending its rules of practice and procedure for national banks and in adjudicatory proceedings for federal savings...more

Final Rule Revising the Capital Plan and Stress Test Rules

On January 31, 2017, the Federal Reserve Board (the “Board“) adopted a final rule that revises the capital plan and stress test rules for (i) bank holding companies with $50 billion or more in total consolidated assets and...more

Prohibition on Dealing or Investing in Industrial or Commercial Metals

On January 3, 2017, the Office of the Comptroller of the Currency (the “OCC“) finalized a rule that prohibits national banks and federal savings associations from dealing or investing in industrial or commercial metals. An...more

Annual Asset-Size Threshold Adjustments for Small and Intermediate Small Banks

On December 29, 2016, the Office of the Comptroller of the Currency, the Federal Reserve System and the Federal Deposit Insurance Corporation amended their Community Reinvestment Act (CRA) regulations to adjust the asset-size...more

Rating Agency Developments

On January 4, 2017, KBRA updated its methodology for rating Single-Family Rental (SFR) securitizations. Report. On January 4, 2017, KBRA updated its methodology for rating U.S. CMBS multi-borrower securitizations. Report....more

1/11/2017  /  CMBS , DBRS , Fitch , KBRA , Rating Agencies

Federal Banking Agencies Finalize an 18-Month Examination Cycle for Small Banking Institutions

On December 12, 2016, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board and the Office of the Comptroller of the Currency (OCC) finalized rules that generally allow well-capitalized and well-managed...more

FHFA Issues Final Rule on Fannie Mae and Freddie Mac Duty to Serve Underserved Markets

On December 13, 2016, the Federal Housing Finance Agency (FHFA) issued a final rule implementing the Duty to Serve provisions mandated by the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended...more

Rating Agency Developments

On December 14, 2016, Fitch published its rating criteria for debt issued by airports. Report. On December 12, 2016, DBRS released its methodology for rating project finance. Report. On December 12, 2016, DBRS released its...more

12/21/2016  /  DBRS , Fitch , Rating Agencies

No-Action Relief Allowing Use of Consolidated Risk Disclosure Statement

On November 30, 2016, the U.S. Commodity Futures Trading Commission‘s Division of Swap Dealer and Intermediary Oversight provided no-action relief to futures commission merchants (FCMs) and introducing brokers (IBs), allowing...more

Rating Agency Developments

On November 30, 2016, Fitch published its U.S. water and sewer revenue bond rating criteria. Report. On November 29, 2016, Fitch published its rating criteria for RMBS transactions in Europe, Middle East and Africa...more

12/7/2016  /  CMBS , DBRS , Fitch , Moody's , Rating Agencies , RMBS

The OCC Proposes Rule to Address Concerns Relating to Exercise of Default Rights Under Qualified Financial Contracts

On October 3, 2016, the Office of the Comptroller of the Currency proposed a rule to enhance the resilience of federally chartered and licensed financial institutions. The proposed rule addresses concerns relating to the...more

Rating Agency Developments

On October 4, 2016, Moody’s published its approach to rating revenue bonds of U.S. municipal Joint Action Agencies (JAA). Report. On October 3, 2016, DBRS published derivative criteria for European structured finance...more

10/14/2016  /  DBRS , Moody's , Rating Agencies , RMBS

The CFPB Publishes Final Rule for Prepaid Accounts

On October 5, 2016, the Consumer Financial Protection Bureau (the “CFPB”) finalized comprehensive consumer protections for prepaid account users that require, among other things, financial institutions to limit consumer...more

Proposed Rule to Address Concerns Relating to Exercise of Default Rights Under Qualified Financial Contracts

On October 3, 2016, the Office of the Comptroller of the Currency proposed a rule to enhance the resilience of federally chartered and licensed financial institutions. The proposed rule addresses concerns relating to the...more

The OCC Publishes Final Guidelines on Recovery Planning

On September 29, 2016, the Office of the Comptroller of the Currency (the “OCC”) published final guidelines establishing enforceable standards for recovery planning. The final guidelines generally apply to banks with average...more

10/12/2016  /  Banks , FDIA , Final Guidance , OCC

The OCC Publishes Guidance Concerning Foreign Correspondent Banking Accounts

On October 5, 2016, the Office of the Comptroller of the Currency (the “OCC”) issued risk management guidance that addresses periodic reevaluations of risks associated with foreign correspondent banking accounts. The guidance...more

CFTC Issues No-Action Letter to Swap Dealers to Extend Collateral Rule Deadline due to Limitations with Custodial Accounts

On September 1, 2016, the U.S. Commodity Futures Trading Commission’s (“CFTC”) Division of Swap Dealer and Intermediary Oversight announced that it “issued a time-limited, no-action letter stating that it will not recommend...more

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