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.

Federal Reserve and FDIC Extend Deadline for Nineteen Foreign Banks and Two Domestic Bank Holding Companies to File Living Wills


On August 8, 2017, the Federal Reserve Board and Federal Deposit Insurance Corp. extended the deadline for 19 foreign banks and two domestic bank holding companies to file their next round of “living wills” detailing how they can be speedily and safely wound down in the event of a crisis. The new deadline for these firms to file their updated resolution plans is December 31, 2018, giving them an additional year “to address any supervisory guidance in their next plan submissions,” the regulators said in a statement. HSBC Holdings plc, the Toronto-Dominion Bank and Banco Santander SA are among the foreign banks receiving the extension, while the domestic group comprises CIT Group Inc. and Citizens Financial Group Inc. The resolution plans, also known as living wills, outline how the banks could be taken apart safely through the bankruptcy process if they are hit with a financial shock. The public portions of the plans provide an overview; more details about the banks’ structure and funding, as well as plans for failure, are kept confidential at the Fed and the FDIC. The other foreign banks covered by the extension are Banco Bilbao Vizcaya Argentaria SA, Bank of China Ltd., Bank of Montreal, BNP Paribas, BPCE, Coöperatieve Rabobank UA, Crédit Agricole SA, Industrial and Commercial Bank of China Ltd., Mitsubishi UFJ Financial Group Inc., Mizuho Financial Group Inc., Royal Bank of Canada, Société Générale, Standard Chartered PLC, Sumitomo Mitsui Financial Group Inc., the Bank of Nova Scotia and the Norinchukin Bank. The Fed and FDIC also said that two additional smaller foreign firms, Canara Bank and Mercantil Servicios Financieros CA, will be allowed to file reduced-content resolution plans going forward. These firms already submitted previous plans that have filled in regulators on the essentials of their limited U.S. operations, regulators said. Tuesday’s extension comes after the Fed and FDIC granted a living will extension last month to American International Group Inc. and Prudential Financial Inc., two nonbank companies that have been designated systemically important financial institutions by the Financial Stability Oversight Council and are subject to extra oversight. They were originally required to submit their plans by the end of December 2017, but now have until December 31, 2018, the Fed and the FDIC said.

Federal Regulatory Agencies Announce Coordination of Reviews for Certain Foreign Funds Under “Volcker Rule”


On July 21, 2017, the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency and the Securities and Exchange Commission announced they would work together as they reviewed the impact of the Volcker Rule on specific types of foreign funds. Federal Reserve Press Release. FDIC Press Release. OCC Press Release. SEC Press Release.