After a long lead up, the five agencies (Agencies) with responsibility for the regulations that implement the Volcker Rule (Regulations) have issued a wide ranging proposal to tailor the application of the Regulations in...more
6/15/2018
/ Banking Sector ,
Banks ,
Comment Period ,
Covered Funds ,
Deregulation ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Financial Institutions ,
Financial Regulatory Reform ,
Hedging ,
Liquidity Risk Management Rule ,
Proposed Amendments ,
Proprietary Trading ,
Public Comment ,
Regulatory Burden ,
Trump Administration ,
U.S. Treasury ,
Volcker Rule
President Trump on May 21, 2018 signed a Joint Resolution passed by Congress that disapproved the Consumer Financial Protection Bureau’s March 21, 2013 Bulletin on Indirect Auto Lending and Compliance with the Equal Credit...more
During the Trump Administration’s first year in office, it has implemented major new policy approaches and engaged in significant reversals of Obama Administration policies in many areas. In contrast, the Administration to...more
1/16/2018
/ Asset Management ,
Banks ,
Capital Markets ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Unions ,
Department of Labor (DOL) ,
Dodd-Frank ,
Fiduciary Rule ,
Financial Regulatory Agencies ,
Financial Regulatory Reform ,
Financial Services Industry ,
FSOC ,
Insurance Industry ,
Liquidity ,
Repeal ,
Securities and Exchange Commission (SEC) ,
SIFIs ,
Trump Administration ,
Volcker Rule
The U.S. Department of the Treasury (Treasury) recently released a report examining the regulatory framework for the asset management and insurance industries (Report). The Report is the third in a series of four reports that...more
12/5/2017
/ Asset Management ,
CFTC ,
Department of Labor (DOL) ,
Derivatives ,
Dodd-Frank ,
Employee Retirement Income Security Act (ERISA) ,
Exchange-Traded Products ,
Federal Reserve ,
Fiduciary Rule ,
Financial Stability Board ,
FSOC ,
Insurance Industry ,
Investment Advisers Act of 1940 ,
Liquidity Risk Management Rule ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Burden ,
Retirement Plan ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
SIFIs ,
Stress Tests ,
Systemic Risk Buffer ,
U.S. Treasury ,
Volcker Rule
After more than two decades in obscurity, the Congressional Review Act (CRA) has now emerged as a major factor in the relationship between the U.S. Congress and the regulatory agencies....more
The Financial Stability Oversight Council (FSOC) on September 29, 2017 issued a determination rescinding its prior designation of American International Group, Inc. (AIG) as a systemically important financial institution...more
The Board of Governors of the Federal Reserve (FRB) on August 3, 2017 issued a notice inviting comment regarding Proposed Guidance on Supervisory Expectations for Boards of Directors (Proposal). The Proposal applies to boards...more
9/6/2017
/ Bank Holding Company ,
Banks ,
Board of Directors ,
Directors ,
Federal Reserve ,
Foreign Banks ,
FSB ,
Proposed Guidance ,
Public Comment ,
Savings and Loan Companies ,
SIFIs ,
Supervision
As the general conformance period for banking entities to comply fully with Section 13 of the U.S. Bank Holding Company Act (Volcker Rule) and its implementing regulations (Volcker Regulations) ended on July 21, 2017, two...more
Companies that the Financial Stability Oversight Council (FSOC) believes may be subject to FDIC receivership under the Orderly Liquidation Authority contained in Title II of the Dodd-Frank Act, and certain of their...more
3/8/2017
/ Bank Holding Company ,
Banks ,
Broker-Dealer ,
Court-Appointed Receivers ,
Derivatives Clearing Organizations ,
Dodd-Frank ,
Exemptions ,
FDIC ,
Financial Institutions ,
FSOC ,
Insolvency ,
Investment Adviser ,
Major Swap Participants ,
Qualified Financial Contracts (QFC) ,
recordkeeping ,
Recordkeeping Requirements ,
SIFIs
The FSB continues to plan to revisit whether there are residual entity-specific sources of systemic risk that cannot be addressed effectively by market-wide activities-based policies that would support global systemically...more
The U.S. Court of Appeals for the Tenth Circuit on December 27, 2016, in Bandimere v. SEC, found the Administrative Law Judges (ALJs) used by the U.S. Securities and Exchange Commission (SEC) to hear its administrative...more
1/9/2017
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Dodd-Frank ,
Due Process ,
Enforcement Actions ,
FDIC ,
Federal Bank Regulatory Agencies ,
Office of Financial Institution Adjudication (OFIA) ,
Office of Personnel Management (OPM) ,
Securities and Exchange Commission (SEC) ,
Split of Authority
The Comptroller of the Currency, Thomas Curry, announced on December 2, 2016, that the Office of the Comptroller of the Currency (OCC) intends to move forward with issuing limited purpose national bank charters to financial...more
The presidential election has opened the possibility of significant changes to the Dodd-Frank Act regime that has been implemented over the last six years. It remains to be seen what plans the incoming administration will...more
11/30/2016
/ Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
FDIC ,
Financial Institutions ,
FSOC ,
Glass-Steagall Act ,
Liquidation ,
Presidential Elections ,
Shadow Banking ,
Too Big to Fail ,
Trump Administration ,
Volcker Rule
The courts are now reacting to what some view as regulatory overreach flowing from U.S. laws enacted in the wake of the financial crisis. The most recent example is the October 11, 2016 decision of the U.S. Court of Appeals...more
10/15/2016
/ Anti-Kickback Statute ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Director Removal ,
Dodd-Frank ,
Due Process ,
Government Agencies ,
Mortgage Lenders ,
PHH Corp. v CFPB ,
Removal At-Will ,
Removal For-Cause ,
RESPA ,
Reversal ,
Separation of Powers ,
Single Director ,
Statutory Interpretation
Campaign promises rarely turn into specific actions, but when they do, they are necessarily impacted by the dynamics of the legislative process. History suggests, however, that the policies of candidates can be a predictor of...more
10/12/2016
/ Acquisitions ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Financial Regulatory Reform ,
FSOC ,
Hillary Clinton ,
Industry Consolidation ,
Liquidity ,
Mergers ,
Mortgages ,
OCC ,
Policy Terms ,
Presidential Elections ,
Receivership ,
SIFIs ,
Too Big to Fail ,
Trump Administration ,
Volcker Rule
The Consumer Financial Protection Bureau (CFPB) in the U.S. published an outline of proposals on July 28, 2016 to govern consumer debt collection by debt collectors including third-party collection agencies, debt buyers,...more
9/2/2016
/ Burden of Proof ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
Dispute Resolution ,
Dodd-Frank ,
Evidence ,
FDCPA ,
Loan Servicing ,
Mortgage Loan Servicing Standards ,
Native Language ,
Proposed Rules ,
Statute of Limitations ,
Third-Party Service Provider ,
Time-Barred Debt
Nearly six years after the adoption of Dodd-Frank’s Title I, which provides for the regulation by the Board of Governors of the Federal Reserve System (Board) of non-bank financial companies – such as insurance companies,...more
7/27/2016
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Capital Requirements ,
Corporate Governance ,
Dodd-Frank ,
Federal Reserve ,
FRB ,
FSOC ,
Insurance Industry ,
Liquidity ,
Public Comment ,
Risk Management ,
SIFIs ,
SIICs
The Financial Stability Board (FSB), an international body established by the G-20 in response to the 2008 financial crisis, on June 22, 2016 released its third Consultative Document relating to the regulation and oversight...more
The Financial Stability Board (FSB), which was established by the G-20 in response to the 2008 financial crisis, on June 22, 2016 issued proposed specific recommendations to address certain perceived threats that the asset...more
The Board of Governors of the U.S. Federal Reserve System (Board) recently proposed a rule (Proposed Rule) that will impact parties to any “qualified financial contract” (QFC), as described below, with a global systemically...more
U.S. District Court Judge Rosemary Collyer recently released her opinion invalidating the decision of the Financial Stability Oversight Council (FSOC or the Council) to designate MetLife a systemically important financial...more
Troubled financial institutions, some with substantial broker dealer operations, played a prominent role in the 2008 financial crisis. In an effort to protect the financial system from serious threats posed by significant...more
On March 29, 2016, MetLife scored a victory as Judge Rosemary Collyer of the U.S. District Court for the District of Columbia invalidated the Financial Stability Oversight Council’s (FSOC) designation of MetLife as a...more
The Federal Housing Finance Agency (FHFA or Agency) on January 12, 2016 finalized a portion of the proposed rule that it had issued on September 12, 2014 redrawing the criteria for Federal Home Loan Bank (FHLBank) membership....more
Under the Volcker Regulations (Regulations), banking entities are sharply restricted in their ability to invest in and sponsor entities that are treated as “covered funds.” During the rulemaking process, the Volcker Agencies...more