Jeffrey Werthan

Jeffrey Werthan

Katten Muchin Rosenman LLP

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Federal Bank Regulatory Agencies Release CRA Asset-Size Thresholds for Small and Intermediate Small Institutions

On December 22, 2015, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation and Office of the Comptroller of the Currency (collectively, Agencies) announced the annual adjustment to the...more

1/14/2016 - Banks CRA Federal Reserve Federal Savings Associations Threshold Requirements

Corporate and Financial Weekly Digest - Volume XI, Issue 1

SEC/CORPORATE - PCAOB Adopts New Rules Requiring Disclosure of Participants in an Audit - On December 15, 2015, the Public Company Accounting Oversight Board (PCAOB) adopted new rules and related amendments to...more

1/11/2016 - Banking Sector C&DIs Examination Priorities Fixing America’s Surface Transportation Act (FAST Act) M&A Brokers Pay-To-Play PCAOB Regulation Technical Standards (RTS) SEC

FDIC Finalizes Change of Control Rules

On December 16, the Federal Deposit Insurance Corporation (FDIC) issued Financial Institution Letter 60-2015, which summarizes a final rule with respect to non-member banks, state savings and loan associations, and certain...more

12/23/2015 - Banking Sector Change in Control FDIC Final Rules

Federal Banking Agencies Seek Comment on Interagency Effort To Reduce Regulatory Burden

On December 17, the Federal Financial Institutions Examination Council, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation and Board of Governors of the Federal Reserve (collectively, federal...more

12/23/2015 - Banks Comment Period EGRPRA Regulatory Agencies

OCC Issues Recovery Proposal for Institutions With Assets of $50 Billion or More

On December 17, the Office of the Comptroller of the Currency (OCC) requested comment on a proposed rule to establish enforceable guidelines for recovery planning by insured national banks, insured federal savings...more

12/23/2015 - Banks Foreign Branches of U.S. Banks OCC Proposed Regulation Recovery Plans

Corporate and Financial Weekly Digest - Volume X, Issue 48

SEC/CORPORATE SEC Division of Corporation Finance Issues New C&DIs on FAST Act - As previously reported, President Obama signed into law the Fixing America’s Surface Transportation Act (FAST Act) on December 4. The...more

12/21/2015 - C&DIs CFTC Cybersecurity Disclosure Requirements EGRPRA Extractive Industry Transparency Rule Fixing America’s Surface Transportation Act (FAST Act) Margin Requirements MiFID II SEC

Agencies Announce Threshold for Smaller Loan Exemption From Appraisal Requirements for Higher-Priced Mortgage Loans

On November 25, the Consumer Financial Protection Bureau, Board of Governors for the Federal Reserve System and Office of the Comptroller of the Currency announced that the threshold for exempting loans from special appraisal...more

12/10/2015 - Appraisal Clauses CFPB Mortgages Threshold Requirements Truth in Lending Act (TILA)

OCC Announces Updated Risk Assessment System Guidance

On December 3, the Office of the Comptroller of the Currency (OCC) announced in Bulletin 2015 – 48 that it has updated its risk assessment system (RAS) guidance. These updates are reflected in the “Bank Supervision Process,”...more

12/9/2015 - Banking Sector Guidance Update OCC Risk Assessment Risk Management

Federal Reserve Announces Final Rule on Emergency Lending

On November 30, the Board of Governors for the Federal Reserve System approved a final rule specifying its procedures for emergency lending under Section 13(3) of the Federal Reserve Act. Since the passage of the Dodd-Frank...more

12/9/2015 - Dodd-Frank Federal Reserve Final Rules Financial Sector Lending

OCC Announces Calendar Year 2016 Fees and Assessments Structure

On December 1, the Office of the Comptroller of the Currency (OCC) announced in Bulletin 2015 – 47 the fees and assessments that will be charged by the OCC for calendar year 2016. The bulletin becomes effective January 1,...more

12/9/2015 - Assessment Banking Sector Banks Fees OCC

Corporate and Financial Weekly Digest - Volume X, Issue 46

SEC/CORPORATE - Proxy Advisory Firms Release Policy Updates for 2016 - Institutional Shareholder Services (ISS) and Glass Lewis, two leading proxy advisory firms, recently published their 2016 proxy voting...more

12/7/2015 - Banking Sector Broker-Dealer CFTC EU FINRA MiFID II OCC Overboarding Proxy Voting Guidelines SEC Shareholder Proposals Waiting Periods

Comptroller Revises Credit Card Lending; Announces Rescissions

The Office of the Comptroller of the Currency (OCC) issued the “Credit Card Lending” booklet of the Comptroller’s Handbook on November 4. The revised booklet “replaces the ‘Credit Card Lending’ booklet issued in October 1996....more

11/19/2015 - CARD Act Credit Cards Financial Services Industry OCC Rescission

Agencies Issue Guidance on Capital Deduction Methodology

The Office of the Comptroller of the Currency (OCC), along with the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation, on November 6 issued interagency guidance to banking...more

11/18/2015 - Banking Sector Covered Funds Interagency Guidance Volcker Rule

Agencies Find Weaknesses in Shared National Credits

Credit risk in the Shared National Credit (SNC) portfolio remained at a high level, according to an annual review of large shared credits released November 5 by federal banking agencies. The SNC review has been conducted...more

11/18/2015 - Banking Sector Commodities Leveraged Lending Prudential Regulation Authority Shared National Credit (SNC)

FDIC Issues Advisory on Effective Risk Management Practices for Purchased Loans and Purchased Loan Participations

The Federal Deposit Insurance Corporation (FDIC) on November 6 issued an Advisory to update information contained in the FDIC Advisory on Effective Credit Risk Management Practices for Purchased Loan Participations...more

11/18/2015 - Banking Sector FDIC Leveraged Loans Risk Management

FFIEC Issues New IT Management Booklet

The Federal Financial Institutions Examination Council (FFIEC) members on November 10 issued a revised Management booklet, which is part of the FFIEC Information Technology Examination Handbook (IT Handbook). The Management...more

11/18/2015 - Corporate Governance FFIEC Financial Institutions Information Technology

Corporate and Financial Weekly Digest - Volume X, Issue 44

BROKER-DEALER - FINRA Issues Investor Alert Regarding IRS Phone Scam - The Financial Industry Regulatory Authority issued an Investor Alert warning investors about a phone scam involving phone calls allegedly...more

11/16/2015 - CPOs EU FFIEC FINRA Form PQR Internal Investigations Major Swap Participants MiFID II Risk Management Tax Scams UK Volcker Rule

Federal Reserve Issues Guidance on Waiving of Examinations Prior to Membership or Merger Into a State Member Bank

On October 13, the Board of Governors of the Federal Reserve System (Board) issued guidance that applies to insured depository institutions that are seeking to become state chartered member banks of the Federal Reserve System...more

11/4/2015 - Banking Examinations Banking Sector Depository Institutions Federal Contractors New Guidance

Corporate and Financial Weekly Digest - Volume X, Issue 42

SEC/CORPORATE - ISS Releases 2016 Draft Voting Policy Changes for Comment - On October 26, Institutional Shareholder Services (ISS), a leading proxy advisory firm, released for comment draft voting policy changes...more

11/2/2015 - Banking Examinations Board of Directors CFTC Clearing Agencies Derivatives Clearing Organizations Directors Federal Reserve Financial Conduct Authority (FCA) HMRC ISS Publicly-Traded Companies Registration Requirement Rule 14a-8 SEC Senior Managers Insurers Regime (SMIR) Shareholder Proposals Shareholders

FDIC Board Votes To Increase DIF to 1.35 Percent of Insured Deposits

On October 22, The board of directors of the Federal Deposit Insurance Corporation (FDIC) adopted a proposal to increase the Deposit Insurance Fund (DIF) to the statutorily required minimum level of 1.35 percent. Congress,...more

10/28/2015 - Banks Deposit Insurance Dodd-Frank FDIC Proposed Regulation

Corporate and Financial Weekly Digest - Volume X, Issue 41

SEC/CORPORATE - SEC To Hold Forum on Small Business Capital Formation in November - On October 21, the Securities and Exchange Commission announced that it will hold its annual Government - Business Forum on Small...more

10/26/2015 - AML/CFT Banks Capital Formation Deposit Insurance ESMA EU European Banking Authority FDIC JOBS Act Margin Requirements Regulation Technical Standards (RTS) SEC Small Business Startups Uncleared Swaps

OCC Rescinds Capital Guidance

On October 14, the Office of the Comptroller of Currency (OCC) formally rescinded capital guidance that it had previously issued. The guidance became outdated or superseded, according to the OCC, due to the issuance of the...more

10/21/2015 - Capital Rules Guidance Update OCC

Corporate and Financial Weekly Digest - Volume X, Issue 40

BROKER-DEALER - FINRA Requests Comment on Revised Price Disclosure Information Standards for Corporate and Agency Debt Securities - The Financial Industry Regulatory Authority issued a regulatory notice...more

10/19/2015 - AIFM AIFMD Broker-Dealer CFTC Commodities Exchange Act Debt Securities Disclosure Requirements Dividends EU European Commission Financial Regulatory Reform FINRA Investment Funds NFA No-Action Relief OCC Proposed Regulation Swaps Withholding Tax

CFPB Finalizes Rule to Ease Rules for Small Creditors

On September 21, the Consumer Financial Protection Bureau (CFPB) finalized several changes to its mortgage rules to increase the number of financial institutions able to offer certain types of mortgages in rural and...more

10/8/2015 - Ability-to-Repay CFPB Consumer Lenders Financial Institutions Mortgage Lenders Small Credit Institutions

OCC Announces Update to Accounting Interpretations On TDRs, OREO and Pushdown Accounting

On September 29, the Office of the Comptroller of the Currency (OCC) released an update to the Bank Accounting Advisory Series (BAAS). The BAAS covers a variety of topics and promotes consistent application of accounting...more

10/8/2015 - Accounting Standards Banking Sector Banks GAAP OCC

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