Charlie McDonald

Associate

New York


Read full biography at www.orrick.com
Charlie McDonald is an associate in the Structured Finance group in the New York office.Array

Posts by: Charlie McDonald

OCC Issues Final Rule Allowing Federal Savings Associations to Exercise National Bank Powers

 

On May 24, the Office of the Comptroller of the Currency (OCC) issued a final rule permitting federal savings associations with total consolidated assets of $20 billion or less to elect to operate as “covered savings associations” with the rights and privileges of national banks. A covered savings association will retain its federal savings association charter and existing governance framework, but will be subject to the same duties, restrictions, penalties, liabilities, conditions and limitations as a national bank. The final rule implements section 206 of the Economic Growth, Regulatory Relief and Consumer Protection Act. Release.

OCC, Federal Reserve and FDIC Propose Revised Capital and Liquidity Framework for Foreign Banking Organizations

 

On May 24, the OCC, Federal Reserve and Federal Deposit Insurance Corporation (FDIC) published a notice of proposed rulemaking that would establish a revised framework for determining capital and liquidity requirements for large foreign banking organizations. Comments on the proposal must be submitted by June 21. Notice of Proposed Rulemaking.

Rating Agency Developments

 

On May 29, Morningstar announced it had entered into a definitive agreement to acquire DBRS, the world’s fourth largest credit ratings agency, for a purchase price of $669 million. The transaction is expected to close in the third quarter of 2019. Press Release.

On May 24, Moody’s published its revised methodology for rating Vacation Timeshare Loan Securitizations. Methodology.

CFTC Adopts Final Rule Amending De Minimis Exception to Swap Dealer Definition

 

On March 25, the CFTC adopted a final rule amending the de minimis exception to the definition of “swap dealer.” Under the final rule, swaps entered into by Insured Depository Institutions (IDIs) in connection with loans to customers would not count towards the $8 billion aggregate notional amount threshold used in the de minimis exception. Release. Final Rule.

CFTC Approves Comparability Determination for Japan’s Uncleared Swap Margin Rules

 

On March 26, the CFTC approved an amended comparability determination that would extend the substituted compliance permitted for Japan’s margin requirements for uncleared swaps with respect to the scope of entities subject to the margin requirements and the treatment of inter-affiliate transactions. Release. Comparability Determination.

CFTC Issues Interim Final Rule Allowing Uncleared Swaps to Retain Legacy Status in Case of “No-Deal Brexit”

 

On March 25, the CFTC adopted and requested comments on an interim final rule designed to provide greater regulatory certainty to global derivatives markets in the event of a “no-deal Brexit.” If the United Kingdom leaves the European Union without a negotiated withdrawal agreement, affected swap dealers and major swap participants may need to effect legal transfers of uncleared swaps that were entered into before the relevant compliance dates under the CFTC Margin Rule or Prudential Margin Rule. The interim final rule would allow an uncleared swap to retain its legacy status under the CFTC Margin Rule or Prudential Margin Rule when so transferred. Release. Interim Final Rule.

Rating Agency Developments

 

On January 23, DBRS published its revised methodology for Operational Risk Assessment for European Structured Finance Servicers. Release.

On January 23, DBRS published its revised methodology for Operational Risk Assessment for European Structured Finance Originators. Release.

On January 23, DBRS published its methodology for Rating European Auto Wholesale Securitisations. Release.

On January 18, Fitch published a report entitled: Consumer ABS Rating Criteria – Residual Value Addendum. Release.

On January 18, Fitch published a report entitled: Consumer ABS Rating Criteria. Release.

On January 17, Kroll published a report entitled: European RMBS Rating Methodology Country Addendum: Republic of Ireland. Release.