On September 17, 2019, the Securities and Exchange Commission proposed rules to update the statistical disclosures that banks and loan registrants provide to investors, and eliminate disclosures that overlap with SEC rules, U.S. GAAP or IFRS. The proposed rules would replace Industry Guide 3, Statistical Disclosure by Bank Holding Companies, with updated disclosure in a new subpart of Regulation S-K. SEC Chairman Jay Clayton noted that Industry Guide 3 has not been substantively updated for more than 30 years.

The SEC’s proposed rules, which would apply to bank holding companies, banks, savings and loan holding companies, and savings and loan associations, would update disclosures that investors receive, codify certain Guide 3 disclosure and eliminate other Guide 3 disclosure. The proposed rules would require disclosure about the following:

• Distribution of assets, liabilities and stockholders’ equity, the related interest income and expense, and interest rates and interest differential;
• Weighted average yield of investments in debt securities by maturity;
• Maturity analysis of the loan portfolio including the amounts that have predetermined interest rates and floating or adjustable interest rates;
• An allocation of the allowance for credit losses and certain credit ratios; and
• Information about bank deposits including amounts that are uninsured.

The proposal will have a 60-day public comment period following its publication in the Federal Register.

Here are links to the SEC’s Fact Sheet and the proposing release.

A Legal Update will follow.

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