Posts by: Editorial Team

Federal Banking Agencies Finalize Extension of Certain Capital Rule Transitions

 

On November 21, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency “finalized a rule for certain banking organizations by extending the existing capital requirements for mortgage servicing assets and certain other items.”  These changes will be put into effect on January 1, 2018. FDIC Release. Federal Reserve Release. OCC release.

Agencies Amend CRA Regulations to Conform to HMDA Regulation Changes and Remove References to the Neighborhood Stabilization Program

 

On November 20, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency each modified their respective regulations in large part to align with “changes made by the Consumer Financial Protection Bureau [] to Regulation C, which implements the Home Mortgage Disclosure Act[] (“HMDA“).”  These changes will be put into effect on January 1, 2018. FDIC Release. Federal Reserve Release. OCC release.

CFTC Division of Market Oversight Issues No-Action Relief from Certain Timing Requirements Regarding SEF Chief Compliance Officer Annual Compliance Reports and Fourth Quarter Financial Reports

 

On November 20, 2017, the Commodity Futures Trading Commission (“CFTC“) provided “no-action relief to swap execution facilities [] from the timing requirement within CFTC regulation 37.1501(f)(2), which requires a chief compliance officer” to provide a yearly compliance document to the CFTC in a specific timeframe, in addition to other relief.  The relief “expire[s] on November 30, 2020 at 11:59 pm (EST)”.  Release.

Rating Agency Developments

 

On November 21, 2017, Fitch issued a report entitled: Fitch Updates Commercial Real Estate Loans Securing Covered Bonds Rating Criteria. Release

On November 21, 2017, Fitch issued a report entitled: Fitch Updates Criteria for U.S. Public Finance Prerefunded Bonds. Release

On November 20, 2017, Fitch issued a report entitled: Fitch Publishes Digital ABCP Scorecard.

On November 20, 2017, Fitch issued a report entitled: Fitch Updates Global Money Market Fund Ratings Criteria. Release

On November 17, 2017, DBRS issued a report entitled: Rating U.S. Structured Finance Transactions – Request for Comments. Release

On November 17, 2017, DBRS issued a report entitled: Operational Risk Assessment for U.S. ABS Originators – Request for Comments. Release

On November 17, 2017, DBRS issued a report entitled: Operational Risk Assessment for U.S. ABS Servicers – Request for Comments. Release

On November 17, 2017, DBRS issued a report entitled: DBRS Master U.S. ABS Surveillance Methodology – Request for Comments. Release

On November 16, 2017, Fitch issued a report entitled: Fitch Publishes Latest U.S. Auto ABS Quarterly Index Report. Release

FHFA Requests Input on FHFA’s Draft Strategic Plan for Fiscal Years 2018-2022

 

On September 27, 2017, the Federal Housing Finance Agency requested comment on its proposed strategic plan, which “…reflects the Agency’s priorities as regulator of the Federal Home Loan Bank System and as regulator and conservator of Fannie Mae and Freddie Mac[.]” Release.

FDIC Adopts Final Rule on Qualified Financial Contracts

 

On September 27, 2017, the Federal Deposit Insurance Corporation finalized a rule, similar to the rule approved by the Federal Reserve Board, relating to termination and cancellation rights for specified contracts and specified institutions. Applicable types of agreements include “derivatives, securities lending, and short-term funding transactions, such as repurchase agreements.” FDIC Release.

Agencies Propose Simplifying Regulatory Capital Rules

 

On September 27, 2017, the Federal Deposit Insurance Corporation, the Federal Reserve Board and the Office of the Comptroller of the Currency announced a proposed rule intended to decrease regulation under these entities’ “regulatory capital rule.” The proposed rule “would apply only to banking organizations that are not subject to the ‘advanced approaches’ in the capital rule, which are generally firms with less than $250 billion in total consolidated assets and less than $10 billion in total foreign exposure.” FDIC Release. Federal Reserve Release. OCC Release.

CFTC’s Division of Market Oversight Extends Existing Relief and Provides Additional Relief for Reporting Parties From Reporting Obligations as Required by the OCR Final Rule

 

On September 25, 2017, the Division of Market Oversight of the U.S. Commodity Futures Trading Commission “issued a no-action letter (CFTC Staff Letter 17-45) that extends current relief and provides additional relief to reporting parties from [certain] reporting obligations[ under a 2013 final rule relating to ownership and control in futures and swap markets.]” Release.