Orrick's Financial Industry Week in Review

Orrick, Herrington & Sutcliffe LLP
Contact

Financial Industry Developments

FHFA Releases 2015 Report to Congress

On June 15, 2016, the Federal Housing Finance Agency's "Report to Congress" for 2015 was released.  The document, required under federal law, analyzes Fannie Mae, Freddie Mac and other entities under the Federal Housing Finance Agency's purview. Release.

CFTC Requests Public Comment on a Rule Amendment Certification Filing by ICE Futures U.S.

The U.S. Commodity Futures Trading Commission (CFTC) seeks comments from the public on a proposed amendment that "would clarify that parties to a block trade may engage in pre-hedging or anticipatory hedging of the position that they believe in good faith will result from the consummation of the block trade, except for an intermediary that takes the opposite side of its own customer order." Release.

CFTC Approves Final Rule to Amend Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps

The U.S. Commodity Futures Trading Commission (CFTC) issued a final rule that clarified reporting obligations for completed swap transactions, such as providing additional instruction relating to who must report the various aspects of the transaction. Release.

CFTC Extends No-Action Relief to SEFs and DCMs from Certain CFTC Regulations for Correction of Errors

The U.S. Commodity Futures Trading Commission (CFTC) extended the relief contained in CFTC Letter No. 15-24 that allowed swap execution facilities and designated contract markets to correct certain errors that would lead to a swap being rejected and considered void. Release.

Agencies Permit Reduced Content Resolution Plan Submissions for Firms with Limited U.S. Operations

On June 10, 2016, the Federal Reserve Board and the Federal Deposit Insurance Corporation allowed 84 entities with limited activities in the United States "to file reduced content resolution plans for their next three resolution plans."  These reports are required under federal law and relate to each entity's planned response to various insolvency events. FDIC Release. FRB Release.

Consumer Compliance: Notice and Request for Comment on Proposed Uniform Interagency Consumer Compliance Rating System

On June 9, 2016, the Federal Financial Institutions Examination Council announced that it is seeking comment on proposed revisions to the existing Uniform Interagency Consumer Compliance Rating System (CC Rating System).  The proposed revisions "reflect[] consumer compliance supervisory approaches already being used." Release.

Rating Agency Developments

On June 14, 2016, DBRS issued a report entitled: General Corporate Methodology. Report.

On June 14, 2016, DBRS issued a report entitled: DBRS Criteria: Evaluating Corporate Governance. Report.

On June 14, 2016, DBRS issued a report entitled: Rating Project Finance. Report.

On June 14, 2016, Moody's issued a report entitled: Moody's Approach to Rating Securities Backed by FFELP Student Loans. Report.

On June 14, 2016, Fitch issued a report entitled: Fitch Reviews Global Trading and Universal Banks. Report.

On June 13, 2016, DBRS issued a report entitled: Rating U.S. Structured Finance Transactions. Report.

On June 9, 2016, Fitch issued a report entitled: Fitch Updates Criteria for CLOs and Corporate CDOs. Report.

On June 9, 2016, Fitch issued a report entitled: Fitch Finalizing Changes to FFELP Student Loan ABS Criteria. Report.

Investment Management

SEC Issues Order Increasing the Net Worth Test Under Rule 205-3 Under the Investment Advisers Act of 1940 to $2.1 Million

Section 205(a)(1) of the Investment Advisers Act of 1940 (the "Advisers Act") generally prohibits an investment adviser from entering into, extending, renewing, or performing any investment advisory contract that provides for compensation to the adviser based on a share of capital gains on, or capital appreciation of, the funds of the client.  Rule 205-3 under the Advisers Ac exempts an investment adviser from this prohibition in certain circumstances when the client is a "qualified client."  The definition of "qualified client" includes an assets under management standard set as $1,00,000 and a net worth test that set at (in the case of a natural person, with assets held jointly with a spouse), more than $2,000,000. 

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) amended Section 205(e) of the Advisers Act to provide that, by July 21, 2011 and every five years thereafter, the SEC shall adjust for inflation the dollar amount thresholds included in rules issued under Section 205(e), rounded to the nearest  $100,000.  Rule 205-3 now states that the SEC will issue an order on or about May 1, 2016, and approximately every five years thereafter, adjusting for inflation the dollar amount thresholds of the rule's assets-under-management and net worth tests based on the Personal Consumption Expenditures Chain-Type Price Index (published by the United States Department of Commerce).  Based upon this requirement, no change in the assets under management test is required, but the dollar amount of the net worth test would increase to $2,100,000.

Accordingly, on June 14, the SEC issued an Order, effective as of August 15, 2016, that:

i. for purposes of Rule 205-3(d)(1)(i) under the Advisers Act, a "qualified client" means a natural person who, or a company that, immediately after entering the contract has at least $1,000,000 under the management of the investment adviser;  and

ii. for purposes of Rule 205-3(d)(1)(ii)(A) under the Advisers Act, a "qualified client" means a natural person who, or a company that, the investment adviser entering into the contract (and any person acting on his behalf) reasonably believes, immediately prior to entering into the contract, has a net worth (together, in the case of a natural person, with assets held jointly with a spouse) of more than $2,100,000.

European Financial Industry Developments

Council of Europe Enacts Delay to MIFID II

On June 17, the Council of the EU issued a press release regarding its adoption of a regulation and a directive enacting a one-year delay to the new securities market rules.

Under the new regulation the deadline for member states to transpose MIFID II into national legislation is July 3, 2017 and the date of application of both MIFID II and MIFIR is January 3, 2018.

2015 Annual Reports

The following bodies have released their 2015 annual reports in the past week:

  • EIOPA (European Insurance and Occupational Pensions Authority)
  • ESMA (European Securities and Markets Authority)
  • EBA (European Banking Authority)

Each report contains a review of achievements from 2015 as well as looking forward to the objectives and challenges which will be relevant in the coming year.

EOIPA and China Insurance Regulatory Commission Sign MoU

On June 15, the European Insurance and Occupational Pensions Authority (EOIPA) and the China Insurance Regulatory Commission signed a Memorandum of Understanding to set up joint work programs and pursue joint activities.

The main objectives of the MoU are:

  1. To build a practical framework for exchange of supervisory information.
  2. To update each other on the developments in the regulatory and supervisory frameworks for insurance and private pensions.
  3. To increase mutual understanding on the Chinese (C-ROSS) and European (Solvency II) supervisory regimes for insurance.

Council Agrees its Negotiating Stance on the Money Market Funds

On June 15, the Council of the EU released a press release stating that the Permanent Representatives Committee had agreed, on behalf of the Council, a negotiating stance on a draft regulation on money market funds, aimed at making such products more robust.

EBA Releases Final Draft Regulatory Technical Standards

On June 13, the European Banking Authority (EBA) released the final draft regulatory technical standards on assigning risk weights to specialized lending exposures under article 153(9) of Regulation (EU) No 575/2013 (Capital Requirements Regulation – CRR).

The Capital Requirements Directive requires the EBA to develop draft regulatory technical standards setting out how institutions should take into account financial strength, political and legal environment, transaction and/or asset characteristics, strength of the sponsor and developer, and security package in assessing risk weights to specialized lending exposures.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.