June 2021Transmittal 484
Effective: 6/1/2021
Holding and Nonbank Financial Companies
Regulation YY
The Board issued a final rule
to correct an error in its Regulation YY (Enhanced Prudential Standards)
relating to the company-run stress test requirements for certain large
banking organizations.
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The final rule is effective April 30, 2021 (Regulation YY, Docket R-1603), the same day it was published in the Federal
Register. Procedural and Organizational Rules
Board of Governors Rules of Procedure
The Board is adopting a final rule that codifies
the
Interagency Statement Clarifying the Role of Supervisory Guidance, issued by the Board, the Consumer Financial Protection Bureau,
the Federal Deposit Insurance Corporation (FDIC), the National Credit
Union Administration, and the Office of the Comptroller of the Currency
(OCC) on September 11, 2018.
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By codifying the 2018 statement,
with amendments, the final rule confirms that the Board will continue
to follow and respect the limits of administrative law in carrying
out its supervisory responsibilities. The final rule is effective
May 10, 2021 (Board of Governors Rules of Procedure, Docket R-1725) and
was published in the Federal Register on April 8, 2021. Systems of Records of the Federal Reserve System
Pursuant to the provisions of the Privacy Act of 1974,
notice was given that the Board proposes to modify existing system
of records
BGFRS-27 “FRB—Performance Management Program Records.”
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The system, which
the Board proposes to rename as BGFRS-27 “FRB—Performance
Records,” includes performance appraisals, attachments, and
supporting documentation related to performance including feedback
from various sources. The modified system of records will become effective
May 27, 2021, without further notice, unless comments dictate otherwise
(Rules Regarding Access to Personal Information under the Privacy
Act of 1974, Systems of Records of the Federal Reserve System). The modified system
of records was published in the Federal Register on April 27,
2021. Federal Open Market Committee Rules Regarding Availability
of Information
The Federal Open Market Committee
issued a final rule revising its Rules Regarding Availability of Information.
The revisions clarify and update the Committee’s regulation
implementing the Freedom of Information Act.
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The final rule is effective
May 10, 2021 (Procedural and Organizational Rules, Federal Open Market Committee Rules Regarding Availability of Information, Docket R-1665)
and was published in the Federal Register on April 9, 2021. Proposed Rules
The Board, the FDIC, and the OCC are inviting comment on a proposed
rule under section 39 of the Federal Deposit Insurance Act that would
establish requirements for tax allocation agreements between institutions
and their holding companies in a consolidated tax filing group.
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The proposal would
promote safety and soundness by preserving depository institutions’
ownership rights in tax refunds and ensuring equitable allocation
of tax liabilities among entities in a holding company structure.
Under the proposal, national banks, state banks, and savings associations
that file tax returns as part of a consolidated tax filing group would
be required to enter into tax allocation agreements with their holding
companies and other members of the consolidated group that join in
the filing of a consolidated group tax return. The proposal also would
describe specific mandatory provisions in these tax allocation agreements,
including provisions addressing the ownership of tax refunds received.
If the agencies were to adopt the proposal as a final rule, the agencies
would rescind the interagency policy statement on tax allocation agreements
that was issued in 1998 and supplemented in 2014. Comments on this
notice of proposed rulemaking must be received by July 9, 2021 (Docket
R-1746).
The Board is seeking comment on a proposal to amend Regulation
II to clarify that the requirement that each debit card transaction
must be able to be processed on at least two unaffiliated payment
card networks applies to card-not-present transactions, clarify the
requirements that Regulation II imposes on debit card issuers to ensure
that at least two unaffiliated payment card networks have been enabled
for debit card transactions, and standardize and clarify the use of
certain terminology.
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Comments on this notice of proposed rulemaking must be received
by July 12, 2021 (Docket R-1748).