April 2017Transmittal 434
Effective: 4/1/2017
Banks and Banking Regulation I
The Board published
a final rule that applies an inflation adjustment to the $10 billion
total consolidated asset threshold in Regulation I, which implements
the provision of the Fixing America’s Surface Transportation Act (FAST
Act) that sets the dividend rate that member banks with more than
$10 billion in total consolidated assets earn on their Federal Reserve
Bank stock.
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The FAST Act requires that the Board annually adjust the $10 billion
total consolidated asset threshold to reflect the change in the Gross
Domestic Product Price Index, published by the Bureau of Economic
Analysis. Based on the change in the Gross Domestic Product Price
Index as of September 29, 2016, the total consolidated asset threshold
will be $10,122,000,000 through December 31, 2017. The final rule
is effective March 27, 2017 (Regulation I at 3-460, Docket R-1560)
and was published in the Federal Register on February 24, 2017. Bank Secrecy Act Regulations
The Department of the Treasury (Treasury), published this final rule
to adjust its civil monetary penalties (CMPs) for inflation as mandated
by the Federal Civil Penalties Inflation Adjustment Act of 1990, as
amended by the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (collectively, “the Act”).
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This rule adjusts CMPs within
the jurisdiction of certain components of the Treasury to the maximum
amount required by the Act. The final rule is effective February 10,
2017 (Department of the Treasury, Financial Crimes Enforcement Network
at 3-1700), the same day it was published in the Federal Register . Regulation WW
The Board is
adopting a final rule to implement public disclosure requirements
for the liquidity coverage ratio (LCR) rule. The final rule applies
to all depository institution holding companies and covered nonbank
financial companies that are required to calculate an LCR under the
Board’s LCR rule (covered companies).
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Under the final rule, a covered
company will be required to disclose publicly, on a quarterly basis,
quantitative information about its LCR calculation and a discussion
of the factors that have a significant effect on its LCR. The final
rule also provides additional time for companies that become subject
to the Board’s modified LCR requirement in the future to come into
compliance with the requirement. The final rule is effective April
1, 2017 (Regulation WW at 3-3850, Docket R-1525) and was published
in the Federal Register on December 27, 2016. Holding and Nonbank Financial Companies Regulation Y and YY
The Board adopted a final rule that revises the capital plan and
stress test rules for bank holding companies with $50 billion or more
in total consolidated assets and U.S. intermediate holding companies
(IHCs) of foreign banking organizations.
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Under the final rule, large and
noncomplex firms (those with total consolidated assets of at least
$50 billion but less than $250 billion, nonbank assets of less than
$75 billion, and that are not U.S. global-systemically important banks)
are no longer subject to the provisions of the Board’s
capital plan rule whereby the Board may object to a capital plan on
the basis of qualitative deficiencies in the firm’s capital planning
process. Accordingly, these firms will no longer be subject to the
qualitative component of the annual Comprehensive Capital Analysis
and Review (CCAR). The final rule also modifies certain regulatory
reports to collect additional information on nonbank assets and to
reduce reporting burdens for large and noncomplex firms. For all bank
holding companies subject to the capital plan rule, the final rule
simplifies the initial applicability provisions of both the capital
plan and the stress test rules, reduces the amount of additional capital
distributions that a bank holding company may make during a capital
plan cycle without seeking the Board’s prior approval, and extends
the range of potential as-of dates the Board may use for the trading
and counterparty scenario component used in the stress test rules.
The final rule does not apply to
bank holding companies with total consolidated assets of less than
$50 billion or to any state member bank or savings and loan holding
company. The final rule is effective March 6, 2017 (Regulation Y at
4-001 and Regulation YY at
4-783, Docket R-1548) and was published
in the
Federal Register on February 3, 2017.
Regulation YY
The Board adopted a final
rule to require a U.S. top-tier bank holding company identified under
the Board’s rules as a global systemically important bank holding
company (covered BHC) to maintain outstanding a minimum amount of
loss-absorbing instruments, including a minimum amount of unsecured
long-term debt. In addition, the final rule prescribes certain additional
buffers, the breach of which would result in limitations on the capital
distributions and discretionary bonus payments of a covered BHC.
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The final rule applies
similar requirements to the top-tier U.S. intermediate holding company
of a global systemically important foreign banking organization with
$50 billion or more in U.S. non-branch assets (covered IHC). The final
rule also imposes restrictions on other liabilities that a covered
BHC or covered IHC may have outstanding in order to improve their
resolvability and resiliency; these restrictions are referred to in
the final rule as “clean holding company requirements.” The final
rule is effective March 27, 2017 (Regulation YY at 4-783, Docket R-1523)
and was published in the Federal Register on January 24, 2017.