July 2016Transmittal 425
Effective: 7/1/2016
Banks and Banking Regulation WW
The Board is
adopting a final rule that amends the Board’s liquidity coverage ratio
rule and modified liquidity coverage ratio rule (together, LCR rule)
to include certain U.S. municipal securities as high-quality liquid
assets. This final rule includes as level 2B liquid assets under the
LCR rule general obligation securities of a public sector entity (i.e.,
securities backed by the full faith and credit of a U.S. state or
municipality) that meet similar criteria as corporate debt securities
that are included as level 2B liquid assets, subject to limitations
that are intended to address the structure of the U.S. municipal securities
market.
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The
final rule applies to all Board-regulated institutions that are subject
to the LCR rule: Bank holding companies, certain savings and loan
holding companies, and state member banks that, in each case, have
$250 billion or more in total consolidated assets or $10 billion or
more in on-balance sheet foreign exposure; state member banks with
$10 billion or more in total consolidated assets that are consolidated
subsidiaries of bank holding companies described in the first instance;
nonbank financial companies designated by the Financial Stability
Oversight Council (FSOC) for Board supervision to which the Board
has applied the LCR rule by separate rule or order; and bank holding
companies and certain savings and loan holding companies, in each
case with $50 billion or more in total consolidated assets, but that
do not meet the thresholds described in the first through third instances,
which are subject to the Board’s modified liquidity coverage ratio
rule. The final rule became effective July 1, 2016 (Regulation WW
at 3-3850, Docket R-1514) and was published in the Federal Register on April 11, 2016.Proposed Rules
The Board, the Federal Deposit Insurance Corporation
(FDIC), the Federal Housing Finance Agency, the National Credit Union
Administration, the Office of the Comptroller of the Currency (OCC),
and the Securities and Exchange Commission (collectively, “the agencies”)
are seeking comment on a joint proposed rule to revise the proposed
rule the agencies published in the
Federal Register on April
14, 2011, and to implement section 956 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Dodd-Frank Act).
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Section 956 generally requires
that the agencies jointly issue regulations or guidelines: (1) prohibiting
incentive-based payment arrangements that the agencies determine encourage
inappropriate risks by certain financial institutions by providing
excessive compensation or that could lead to material financial loss;
and (2) requiring those financial institutions to disclose information
concerning incentive-based compensation arrangements to the appropriate
federal regulator. Comments on this notice of proposed rulemaking
must be received by July 22, 2016 (Docket R-1536).
The Board, FDIC, and OCC are inviting comment
on a proposed rule that would implement a stable funding requirement,
the net stable funding ratio (NSFR), for large and internationally
active banking organizations. The proposed NSFR requirement is designed
to reduce the likelihood that disruptions to a banking organization’s regular sources
of funding will compromise its liquidity position, as well as to promote
improvements in the measurement and management of liquidity risk.
The proposed rule would also amend certain definitions in the liquidity
coverage ratio rule that are also applicable to the NSFR. The proposed
NSFR requirement would apply beginning on January 1, 2018, to bank
holding companies, certain savings and loan holding companies, and
depository institutions that, in each case, have $250 billion or more
in total consolidated assets or $10 billion or more in total on-balance
sheet foreign exposure, and to their consolidated subsidiaries that
are depository institutions with $10 billion or more in total consolidated
assets.
In addition, the Board is proposing a modified NSFR requirement
for bank holding companies and certain savings and loan holding companies
that, in each case, have $50 billion or more, but less than $250 billion,
in total consolidated assets and less than $10 billion in total on-balance
sheet foreign exposure. Neither the proposed NSFR requirement nor
the proposed modified NSFR requirement would apply to banking organizations
with consolidated assets of less than $50 billion and total on-balance
sheet foreign exposure of less than $10 billion.
A bank holding company or savings and loan
holding company subject to the proposed NSFR requirement or modified
NSFR requirement would be required to publicly disclose the company’s
NSFR and the components of its NSFR each calendar quarter. Comments
on this notice of proposed rulemaking must be received by August 5,
2016 (Docket R-1537).
The Board is inviting comment on an advance notice of
proposed rulemaking regarding approaches to regulatory capital requirements
for depository institution holding companies significantly engaged
in insurance activities, and nonbank financial companies that the
FSOC has determined will be supervised by the Board and that have
significant insurance activities (systemically important insurance
companies).
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The Board is inviting comment on two approaches to consolidated capital
requirements for these institutions: An approach that uses existing
legal entity capital requirements as building blocks for insurance
depository institution holding companies and a simple consolidated
approach for systemically important insurance companies. Comments
on this notice of proposed rulemaking must be received by August 17,
2016 (Docket R-1539).
Pursuant to section 165 of the Dodd-Frank Act, the Board
is inviting public comment on the proposed application of enhanced
prudential standards to certain nonbank financial companies that the
FSOC has determined should be supervised by the Board.
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The Board is proposing
corporate governance, risk-management, and liquidity risk-management
standards that are tailored to the business models, capital structures,
risk profiles, and systemic footprints of the nonbank financial companies
with significant insurance activities. Comments on this notice of
proposed rulemaking must be received by August 17, 2016 (Docket R-1540).