(a) U.S. nonbank
financial companies supervised by the Board. The Board will establish
enhanced prudential standards for a nonbank financial company supervised
by the Board that is incorporated in or organized under the laws of
the United States or any State (U.S. nonbank financial company) by
rule or order. In establishing such standards, the Board will consider
the factors set forth in sections 165(a)(2) and (b)(3) of the Dodd-Frank
Act, including:
(1) The
nature, scope, size, scale, concentration, interconnectedness, and
mix of the activities of the U.S. nonbank financial company;
(2) The degree to which the U.S. nonbank
financial company is already regulated by one or more primary financial
regulatory agencies; and
(3) Any
other risk-related factor that the Board determines is appropriate.
(b) Foreign nonbank financial
companies supervised by the Board. The Board will establish enhanced
prudential standards for a nonbank financial company supervised by
the Board that is organized or incorporated in a country other than
the United States (foreign nonbank financial company) by rule or order.
In establishing such standards, the Board will consider the factors
set forth in sections 165(a)(2), (b)(2), and (b)(3) of the Dodd-Frank
Act, including:
(1) The nature, scope, size, scale, concentration,
interconnectedness, and mix of the activities of the foreign nonbank
financial company;
(2) The extent
to which the foreign nonbank financial company is subject to prudential
standards on a consolidated basis in its home country that are administered
and enforced by a comparable foreign supervisory authority; and
(3) Any other risk-related factor
that the Board determines is appropriate.
