Today the Federal Reserve issued its semiannual regulatory flexibility agenda for fall 2017, which lists regulatory matters the agency anticipates having under consideration during the period from November 1, 2017 through April 30, 2018.

The agenda is notable in two respects.  First, the Federal Reserve anticipates issuing, together with the Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation, a proposed rule to implement the “source of strength” requirement of section 616(d) of the Dodd-Frank Act by September 2018.  Section 616(d) requires that any bank holding company or savings and loan holding company serve as a source of financial strength for any depository institution that it controls, and that any other company that controls an insured depository institution serve as a source of strength for such an institution.  Under section 616(d), the agencies were supposed to have issued an implementing rule no later than July 21, 2012.

Second, the agenda does not list a final rulemaking for the Net Stable Funding Ratio (“NSFR”) rule.  The federal banking agencies proposed the NSFR in May 2016, when the agencies were led by appointees of President Obama.  The NSFR’s absence on the Federal Reserve’s agenda suggests that the agencies – now led by appointees of President Trump in the case of the Federal Reserve and the OCC – may need additional time to determine how they intend to finalize the rule, if at all.

Tags: Dodd-Frank, Dodd-Frank Act, Federal Reserve, Federal Reserve Board, Liquidity, Net Stable Funding Ratio, NSFR, Rulemaking, Rulemakings, Source of Strength
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Photo of Randy Benjenk Randy Benjenk

Randy Benjenk is a partner in Covington’s industry-leading Financial Services Group and focuses his practice on regulatory advice and advocacy. He represents domestic and foreign banks, fintech companies, and trade associations on compliance issues, corporate transactions, and public policy matters.

Chambers USA says…

Randy Benjenk is a partner in Covington’s industry-leading Financial Services Group and focuses his practice on regulatory advice and advocacy. He represents domestic and foreign banks, fintech companies, and trade associations on compliance issues, corporate transactions, and public policy matters.

Chambers USA says Randy has received “widespread praise” from clients, who describe him as “excellent” and say that “the quality of his legal work and his writing abilities were incredible” and “he’s very easy to work with, knowledgeable and efficient.”

Randy regularly advises clients on a wide range of regulatory matters, including:

  • Bank Activities and Prudential Regulation. Complex bank activities, structure, licensing, and prudential matters, often involving issues of first impression at the federal and state banking agencies.
  • Corporate Transactions. Mergers and acquisitions, spinoffs, charter conversions, debt and equity issuances, investments, strategic partnerships, de novo bank formations, and related regulatory applications and disclosures.
  • Private Equity Investments. Private equity investments in banks, bank investments in private funds, and fund structuring related to the Volcker Rule and Bank Holding Company Act.
  • Public Policy Matters. Regulatory and legislative policy matters, with an emphasis on changes arising out of U.S. banking legislation and international standards.
  • Crisis Response. Navigating extraordinary events, such as the COVID-19 pandemic and related governmental responses, and firm-specific matters.
  • Supervisory and Enforcement Matters. Compliance and safety and soundness issues that arise in the examination and enforcement contexts.
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