On Friday, March 10, 2023, the California Department of Financial Protection and Innovation closed Silicon Valley Bank ("SVB") and the Federal Deposit Insurance Corporation ("FDIC") was appointed SVB's receiver....more
3/15/2023
/ Banking Sector ,
Banks ,
Deposit Accounts ,
Deposit Insurance ,
Depository Institutions ,
FDIC ,
Federal Reserve ,
Financial Crisis ,
Financial Institutions ,
Insolvency ,
Receivership ,
Relief Measures ,
Silicon Valley
In an effort to align the permissibility of crypto activities for all member banks of the Federal Reserve System (the "FRS", which includes all national banks and state member banks), the Board of Governors of the Federal...more
2/15/2023
/ Banking Sector ,
Cryptocurrency ,
Digital Currency ,
FDIA ,
Federal Reserve ,
Fiduciary Duty ,
Financial Institutions ,
FRB ,
Joint Statements ,
OCC ,
Popular ,
Trading Policies
The OCC recently finalized two broad updates to its regulations that increase flexibility for regulatory filings, including for corporate transactions such as business combinations, and update and clarify permissible...more
In response to a call for a rulemaking by two leading bank industry trade associations, the federal banking agencies have issued a proposed rule to codify an earlier interagency statement that their supervisory...more
The Office of the Comptroller of the Currency (OCC) issued a final rule that creates a bright-line test to determine when a national bank or federal savings association (bank) makes a loan and is the "true lender," including...more
Finders seeking to assist companies in raising capital are required to navigate an often cloudy path to determine whether the finder's activities and any compensation the finder would receive for its services would run afoul...more
Section 13(3) of the Federal Reserve Act authorizes the Federal Reserve Board (FRB) in “unusual and exigent circumstances” to establish programs or facilities with “broad-based eligibility” that allow a Federal Reserve Bank...more
In response to the global COVID-19 crisis, US federal financial regulators are taking important actions that affect US and non-US financial institutions, other financial services providers, consumers, and the US and global...more
5/2/2020
/ Banks ,
CFTC ,
Comment Period ,
Coronavirus/COVID-19 ,
FDIC ,
Federal Loans ,
Financial Regulatory Agencies ,
Foreign Banks ,
FRB ,
Midsize and Large Business Loans ,
OCC ,
Paycheck Protection Program (PPP) ,
Popular ,
Public Comment ,
Publicly-Traded Companies ,
Relief Measures ,
SBA ,
Securities and Exchange Commission (SEC) ,
Small Business Loans ,
State of Emergency ,
Volcker Rule
The United States Congress has passed, and continues to consider, legislative measures that, in addition to addressing the public health crisis, include massive fiscal stimulus proposals not seen since the 2008 global...more
In response to the global COVID-19 crisis, US financial regulators at the state level are taking important actions that affect US and non-US financial institutions, other financial services providers, consumers, and the US...more
In response to the global COVID-19 crisis, US federal financial regulators are taking important actions that affect US and non-US financial institutions, other financial services providers, consumers, and the US and global...more
4/28/2020
/ Banks ,
CFTC ,
Coronavirus/COVID-19 ,
DSIO ,
Financial Institutions ,
Financial Regulatory Agencies ,
FRB ,
OCC ,
Regulatory Oversight ,
Relief Measures ,
Securities and Exchange Commission (SEC)
In response to the global COVID-19 crisis, US federal financial regulators are taking important actions that affect US and non-US financial institutions, other financial services providers, consumers, and the US and global...more
The United States Congress has passed, and continues to consider, legislative measures that, in addition to addressing the public health crisis, include massive fiscal stimulus proposals not seen since the 2008 global...more
In response to the global COVID-19 crisis, US federal financial regulators are taking important actions that affect US and non-US financial institutions, other financial services providers, consumers, and the US and global...more
4/22/2020
/ Appraisal ,
Borrower Protection Programs ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Deferred Action ,
FDIC ,
FHFA ,
Financial Services Industry ,
FRB ,
HMDA ,
NCUA ,
OCC ,
Paycheck Protection Program (PPP) ,
Real Estate Transactions ,
Relief Measures ,
Temporary Regulations
Section 13(3) of the Federal Reserve Act authorizes the Federal Reserve Board (FRB) in “unusual and exigent circumstances” to establish programs or facilities with “broad-based eligibility” that allow a Federal Reserve Bank...more
4/21/2020
/ CARES Act ,
Commercial Paper Funding Facility (CPFF) ,
Coronavirus/COVID-19 ,
Dodd-Frank ,
Federal Reserve ,
Financial Stimulus ,
FRB ,
Lenders ,
Liquidity ,
Main Street Lending Programs ,
Money Market Mutual Fund Liquidity Facility (MMLF) ,
Paycheck Protection Program (PPP) ,
Primary Dealer Credit Facility (PDCF) ,
Primary Market Corporate Credit Facility (PMCCF) ,
Relief Measures ,
Secondary Market Corporate Credit Facility (SMCCF) ,
Term Asset-Backed Securities Loan Facility (TALF)
In response to the global COVID-19 crisis, US federal financial regulators are taking important actions that affect US and non-US financial institutions, other financial services providers, consumers, and the US and global...more
As during the 2008 global financial crisis, the US financial regulators and Congress are taking emergency action to ensure the availability of liquidity and credit to the US financial system in response to the COVID-19...more
4/8/2020
/ Banking Sector ,
Commercial Paper Funding Facility (CPFF) ,
Compliance ,
Coronavirus/COVID-19 ,
Emergency Lending ,
Financial Institutions ,
Liquidity ,
Main Street Expanded Loan Facility ,
Money Market Mutual Fund Liquidity Facility (MMLF) ,
Primary Dealer Credit Facility (PDCF) ,
Term Asset-Backed Securities Loan Facility (TALF) ,
US Branches of Non-US Banks
On January 30, the Federal Reserve released a highly anticipated final rule that substantially updates and clarifies the agency's regulatory framework for determining when an investor exercises a controlling influence over a...more
2/18/2020
/ Bank Holding Company Act ,
Banks ,
Board of Directors ,
Controlling Influence Test ,
Divestiture ,
Federal Reserve ,
Fiduciary Duty ,
Final Rules ,
HOLA ,
Interlocking Directorate ,
Investment Funds ,
Investors ,
Proxy Contests ,
Rebuttable Presumptions ,
Senior Managers ,
Voting Securities
On December 23, 2019, the New York Department of Financial Services (NYDFS) issued an Industry Letter instructing each institution it regulates, including banks and licensed Fintechs, to make submissions describing the...more
1/14/2020
/ Alternative Reference Rates Committee (ARRC) ,
Bank of New York (BNY) Mellon ,
Banks ,
Depository Institutions ,
Derivatives ,
Federal Bank Regulatory Agencies ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
FinTech ,
FRB ,
Industry Letters ,
Interest Rates ,
Lenders ,
Libor ,
Loans ,
Money Transmitter ,
NYDFS ,
Risk Assessment ,
Risk Mitigation ,
Secured Overnight Funding Rate (SOFR) ,
Securitization ,
Sterling Overnight Index Average (SONIA) ,
Transitional Arrangements ,
UK ,
Virtual Currency
Since the 2008 financial crisis, a non-US bank seeking to establish or maintain a US presence has been required to comply with a set of stringent regulatory requirements, but a recently adopted rule (Final Rule) limits their...more
1/3/2020
/ Banks ,
Capital Requirements ,
FBOs ,
Final Rules ,
Financial Regulatory Agencies ,
Foreign Banks ,
Intermediate Holding Company (IHCs) ,
Liquidity Coverage Ratio ,
Non-US Entities ,
Prudential Standards ,
Stress Tests
With the regulatory agenda for the US operations of foreign banks in a state of flux, Kevin Petrasic, Paul Saltzman, Glen Cuccinello, Will Giles and Alexander Abedine of global law firm White & Case provide a map to help...more
4/2/2019
/ Banking Sector ,
Board of Directors ,
Combined US Operations (CUSO) ,
Corporate Governance ,
FBOs ,
Federal Reserve ,
Financial Regulatory Agencies ,
Foreign Banks ,
FRB ,
Intermediate Holding Company (IHCs) ,
NYDFS ,
OCC ,
Regulatory Agenda