Federal Reserve Board

Agencies Publish Rule Excluding Community Banks from Volcker Rule

 

On July 9, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board, the Commodity Futures Trading Commission (CFTC), the Office of the Comptroller of the Currency (OCC) and the Securities and Exchange Commission (SEC) adopted a final rule that excludes community banks from the Volcker Rule, which restricts banking entities from engaging in proprietary trading and from owning, sponsoring or having certain relationships with hedge funds or private equity funds. Under the final rule that was adopted, community banks with $10 billion or less in total consolidated assets, and which have total trading assets and liabilities that are 5% or less than such community bank’s total consolidated assets, will be excluded from the Volcker Rule.

 

Agencies Issue Joint Amendments to Regulation CC

 

On June 24, the Consumer Financial Protection Bureau and the Federal Reserve Board published joint amendments to Regulation CC. Regulation CC implements the Expedited Funds Availability Act of 1987, as amended by the Dodd-Frank Act. The joint amendments implement a statutory requirement to adjust for inflation the funds depository institutions are required to make available to their customers in certain circumstances. Release. Notice.

 

Federal Reserve Approves Final Rule to Repeal Regulations that Incorporated the S.A.F.E. Act

 

On May 9, the Federal Reserve Board approved final amendments to its regulations to reflect the transfer of the Board’s rulemaking authority for the Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act) to the Consumer Financial Protection Bureau (CFPB). Entities that were subject to the Board’s rules are now subject to the CFPB’s rules. Press Release.

Shared National Credit Review Finds Some Improvement in Credit Quality, While Risk Remains Elevated in Leveraged Loans

 

On January 25, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency released a report reviewing Shared National Credit Loans, which found that risk associated with large syndicated loans has declined, while the risk associated with leveraged lending has not improved. The report encourages banks to update credit risk management policies according to the current risk climate. Release.

Federal Reserve Board Announces Annual Indexing of Reserve Requirement Exemption Amount and of Low Reserve Tranche For 2019

 

On October 25, the Federal Reserve Board announced the annual indexing of the reserve requirement exemption amount and the low reserve tranche, which two amounts are used in determining reserve requirements of depository institutions. The annual adjustment is based on growth in total reservable liabilities and net transaction accounts at all depository institutions between June 30, 2017 and June 30, 2018. Release.

Agencies Propose Rule to Update Calculation of Derivative Contract Exposure Amounts Under Regulatory Capital Rules

 

On October 30, the Federal Reserve Board, the Federal Depository Insurance Corporation and the Office of the Comptroller of the Currency (collectively, the “Agencies“) proposed changes to their standards for how large federal institutions measure counterparty credit risk posed by derivatives contracts under the Agencies’ regulatory capital rules. The proposal would provide the “standardized approach for measuring counterparty credit risk” as an alternative approach to the Agencies’ current exposure methodology for calculating derivative exposure. Release.

Federal Reserve Board Issues Interim Final Rule Expanding the Applicability of the Board’s Small Bank Holding Company Policy Statement

 

On August 28, 2018, the Federal Reserve Board published “an interim final rule expanding the applicability of the Board’s small bank holding company policy statement[.]” The interim final rule affects the rules governing “the transfer of ownership of small community banks[.]” Once published in the Federal Register, the interim final rule will be in effect and comments will be allowed for 30 days. Press Release.

Agencies Issue Interim Final Rules Expanding Examination Cycles for Qualifying Small Banks and U.S. Branches and Agencies of Foreign Banks

 

On August 23, 2018, the Board of Governors of the Federal Reserve System (“Federal Reserve Board“), the Federal Deposit Insurance Corporation (“FDIC“) and the Office of the Comptroller of the Currency (“OCC“) “issued interim final rules to expand the number of insured depository institutions and U.S. branches and agencies of foreign banks eligible for an 18-month on-site examination cycle.” Once the interim final rules are published in the Federal Register, there will be 60 days available to provide comments. Federal Reserve Board Press Release. FDIC Press Release. OCC Press Release.

Federal Banking Agencies Issue Statement Regarding the Impact of the Act

 

On July 6, 2018, the Federal Reserve Board, the Federal Deposit Insurance Corporation and the Office of the Comptroller issued a joint statement describing the rules and related reporting requirements that are affected by the enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act“). The federal banking agencies provide their interim positions on the applicability of the Act until their respective regulations are amended to incorporate the Act’s changes. Release.