Financial Institutions

News & Analysis as of

CFPB Issues Monthly Complaint Snapshot – Failure to Provide Normalization and Other Necessary Comparison Metrics Continues

On August 15, 2015, the CFPB released its latest “consumer complaint snapshot.” The Bureau’s “snapshots” generally provide updated national complaint information, and further include product and geographic spotlights that...more

EBA publishes derivative liabilities responses

EBA has published the seven responses it received to its consultation on RTS defining methodologies for the valuation of derivative liabilities....more

EBA advises on protected arrangements

EBA has issued its technical advice on defining what classes of arrangements should be protected in a partial property transfer in resolution. EBA sought a balance between prescription and flexibility and decided it would not...more

EBA to further analyse NSFR and LR

EBA announced that it intends to include additional analysis in its calibration reports on the Net Stable Funding Ratio (NSFR) and Leverage Ratio (LR). This has been prompted by requests from the Commission for further...more

ESMA recommends changes to EMIR framework

ESMA has published four reports looking at how the EMIR framework has been functioning and providing input and recommendations to the Commission’s EMIR Review. The reports cover: - non-financial counterparties (NFCs):...more

Former Bank Executive Sentenced to 30 Months in Prison for Role in TARP Fraud Scheme

On August 20, former bank executive Charles Antonucci was sentenced to 30 months in prison for his role in organizing a scheme involving self-dealing, bank bribery, embezzlement of bank funds, attempting to fraudulently...more

Treasury updates sanctions

Treasury has renewed designations under the Terrorist Asset Freezing etc Act 2010, and updated the sanctions lists in respect of Al-Qaida....more

FCA feeds back on SMR for bank branches

FCA has published a feedback statement with near-final rules on the Senior Managers Regime (SMR) and approved persons in UK branches of overseas banks. Unlike PRA’s paper discussed below, FCA’s paper covers UK branches of...more

FinCEN Proposes Extending Anti-Money Laundering Compliance Requirements to Investment Advisers

On Tuesday, the United States Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a rule that would require SEC-registered investment advisers, including private equity and hedge funds, to comply...more

FCA publishes Approved Persons changes for Solvency 2 firms

FCA has published feedback and final rules addressing: - reforms to the Approved Persons Regime for firms to which PRA has applied the Solvency 2 regime, specifically: - changes to the scope of the Approved Persons...more

FCA consults on NDFs

FCA has published a consultation paper on further aspects of its accountability rules for non-directive (non-Solvency 2) firms (NDFs). The paper complements PRA’s paper discussed below but does not mirror it. The...more

FinCEN Rule Proposes AML Regulations for Registered Investment Advisers

On August 25, the Financial Crimes Enforcement Network (“FinCEN”) proposed an anti-money laundering rule applicable to investment advisers registered with the U.S. Securities and Exchange Commission (the “SEC”). The issuance...more

Growing Medical Marijuana, Problematic in Bankruptcy, and Out

Frank Arenas is licensed in Colorado to grow and dispense medical marijuana. He and his wife own a building, half of which is used for the cultivation and the other half of which is leased to a marijuana dispensary. These...more

Consumer Financial Protection Bureau Files Suit Against Company and Individuals Who Allegedly Ran Pension Loan Scam

On August 20, 2015, the Consumer Financial Protection Bureau (“CFPB”) and the New York superintendent of financial services jointly sued Pension Funding, LLC; Pension Income, LLC; and individuals Steven Covey, Edwin Lichtig,...more

Congressional Decision Looms on U.S. Export-Import (Ex-Im) Bank

For those in the manufacturing community, one of the significant events of the summer was when Congress allowed the authority of the Export-Import Bank of the United States (Ex-Im) to lapse. The main goal of the bank is to...more

Large Multinational Financial Services Company Settles FCPA Charges Relating to Internships

On August 18, the SEC announced a settlement with a large multinational financial services company over allegations that the company had violated the FCPA by giving internships to family members of government officials...more

Under the Thumb: Regulatory Compliance When Outsourcing Cybersecurity Management

Managed security services are often a natural “add-on” when outsourcing IT services given that data protection is integral to application development, software as a service, and cloud storage, among other services. More...more

FinCEN Proposes Rule Requiring Investment Advisor AML Compliance

Investment advisors may soon face increased costs and scrutiny thanks to a proposed rule issued by the Financial Crimes Enforcement Network (FinCEN). On Tuesday, August 28, FinCEN proposed a rule that would require many...more

FCA and PRA announce launch date of new handbook websites

New FCA Handbook and PRA Rulebook websites are set to launch on 29 August. From this date the current web address – fshandbook.info – will no longer be in use and will instead redirect users to the new Handbook or Rulebook as...more

PRA finalises non-EEA bank branch SMR rules

PRA has published feedback on its consultation on applying the SMR to UK branches of non-EEA firms. It needs to wait for Treasury to extend the definition of “relevant authorised person” before it can make the final rules....more

Financial Regulatory Developments Focus - August 2015 #4

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

PRA publishes further SIMR rules for Solvency 2 firms

PRA has published further feedback and rules on the Senior Insurance Managers Regime (SIMR) as it will apply to firms that fall within Solvency 2. The papers cover: - a policy statement providing feedback on responses to...more

New Guidance for Financial Institution Directors and Officers In Cybersecurity Preparedness

Earlier this summer, the Federal Financial Institutions Examination Council (FFIEC) released its highly anticipated Cybersecurity Assessment Tool (Assessment), which is designed to assist financial institutions in identifying...more

Target Reaches $67 Million Settlement with Visa over Data Breach Claims

More than a year-and-a-half after Target’s December 2013 announcement of a massive data breach, the retailer has reached an agreement with Visa, whereby it will reimburse Visa and certain affected card issuers up to $67...more

PRA publishes implementation rules for NDF SIMR

PRA has published a policy statement with final rules for NDFs: this looks at the (i) scope of the SIMR; (ii) criteria for fitness and propriety; and (iii) conduct of individuals working for NDFs. The appendix sets out final...more

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