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Home > Regulation & Examinations > FDIC Initiatives under the Dodd-Frank Wall Street Reform and Consumer Protection Act |
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FDIC Initiatives under the Dodd-Frank Wall Street Reform and Consumer Protection Act The FDIC is responsible for implementing a number of initiatives under the Dodd-Frank Wall Street Reform and Consumer Protection Act. Here are some of our recent accomplishments and upcoming plans to carry out our responsibilities related to the Act. PDF Help - Information on downloading and using the PDF reader.
Appraisals for Higher-Risk Mortgage Loans Final Rule Margin and Capital Requirements for Swaps Proposed Rule
Stress Testing Requirements for Certain Banks Final Rules Approved a final rule requiring self-administered stress tests for state nonmember banks and savings associations with total consolidated assets of more than $10 billion, § 165(i)(2). (October 9, 2012). The comment period ended April 30, 2012. Final Rule, Annual Stress Test – PDF; Proposed Rule, Annual Stress Test - PDF; View Comments; Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Orderly Liquidation - Enforcement of Subsidiary and Affiliate Contracts by the FDIC as Receiver of a Covered Financial Company Approved a final rule that implements section 210(c)(16) of the Dodd-Frank Act, which permits the Corporation, as receiver for a financial company whose failure would pose a significant risk to the financial stability of the United States (a "covered financial company"), to enforce contracts of subsidiaries or affiliates of the covered financial company despite contract clauses that purport to terminate, accelerate, or provide for other remedies based on the insolvency, financial condition or receivership of the covered financial company. (October 9, 2012). The comment period ended May 29, 2012. Final Rule, Enforcement of Subsidiary and Affiliate Contracts by the FDIC as Receiver of a Covered Financial Company – PDF; Proposed Rule, Enforcement of Subsidiary and Affiliate Contracts by the FDIC - PDF; View Comments Basel III - Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action Approved a joint NPR, with the Federal Reserve Board and the Office of the Comptroller of the Currency, that would revise the agencies’risk-based and leverage capital requirements consistent with agreements reached by the Basel Committee on Banking Supervision (BCBS) in "Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems." (June 12, 2012). Comment period ended October 22, 2012. Proposed Rule, Basel III Regulatory Capital Rules – PDF; View Comments Regulatory Capital Rules: Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements Proposed Rule Corporate Debt Securities Final Rule, Amendment to 12 C.F.R. 362 Risk-Based Capital Guidelines: Market Risk; Alternatives to Credit Ratings for Debt and Securitization Positions Final Rule Orderly Liquidation – Definition of ‘Predominantly engaged in activities that are financial in nature or incidental thereto’ Proposed Rule Orderly Liquidation - Maximum Obligation Limitation Final Rule Orderly Liquidation - Enforcement of Subsidiary and Affiliate Contracts by the FDIC as Receiver of a Covered Financial Company Stress Testing Requirements for Certain Banks Proposed Rules Treatment of a Mutual Insurance Holding Company as an Insurance Company for the Purposes of Orderly Liquidation Final Rule Prohibitions on Proprietary Trading ("Volcker Rule") Proposed Rule Permissible Investments for Federal and State Savings Associations, Proposed Amendment to 12 C.F.R. 362 Approved a Joint Proposed Rule, with the Office of the Comptroller of the Currency and the Federal Reserve Board, seeking comment on alternatives to the use of credit ratings for debt and securitization positions, as required by section 939A of Dodd-Frank. (December 7, 2011). Comment period closed February 3, 2012. Proposed Rule, Risk-Based Capital Guidelines: Market Risk; Alternatives to Credit Ratings for Debt and Securitization Positions - PDF; View Comments Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act Resolution Plans Required for Insured Depository Institutions with $50 Billion or More in Total Assets Final Rule Approved a final rule requiring an insured depository institution with $50 billion or more in total assets to submit periodically to the FDIC a contingent plan for its resolution in the event of its failure. These resolution plans should enable the FDIC, as receiver, to resolve the institution under Sections 11 and 13 of the Federal Deposit Insurance Act. (January 17, 2012) Final Rule, Resolution Plans Required for Large IDIs - PDF Interim Final Rule, Resolution Plans Required for Large IDIs - PDF; View Comments Resolution Plans Joint Final Rule Issued a joint final rule with the Federal Reserve Board to implement resolution plan requirements for certain nonbank financial companies and bank holding companies, §165(d). (September 13, 2011) Final Rule, Resolution Plans Required - PDF Notice of Proposed Rulemaking, Resolution Plans - PDF; View Comments Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act Regulatory Use of Credit Ratings Report to Congress FDIC issued a report reviewing existing references to credit ratings in statutes and regulations and explaining the extent of reliance on credit ratings and the availability of alternatives, §939A. Read the report - PDF Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act Orderly Liquidation Authority Final Rule Issue a final rule that addresses comments on the Interim Final rule and the Phase II Orderly Liquidation rule, including (i) recoupment of compensation from senior executives and directors; (ii) the power to avoid fraudulent or preferential transfers; (iii) the priorities of expenses and unsecured claims; and (iv) the administrative process for initial determination of claims; §209 (effective August 15, 2011). Final Rule, Orderly Liquidation Authority - PDF; Interim Final Rule §209 - PDF; View Comments Notice of Proposed Rulemaking Phase II Orderly Liquidation - PDF; View Comments Section 209 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Retail Foreign Exchange Transactions Final Rule Issued a final rule addressing the requirements for retail foreign exchange transactions by entities supervised by the FDIC, § 742 (effective July 15, 2011). Final Rule, Retail Foreign Exchange Transactions - PDF; Notice of Proposed Rulemaking, Retail Foreign Exchange Transactions - PDF; View Comments; Section 742 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Amendment to 12 CFR Parts 329 and 330 Issued a final rule amending FDIC deposit insurance regulations to account for the Dodd-Frank repeal of the prohibition on paying interest on demand deposits; § 627. (July 6, 2011) (effective July 21, 2011) Final Rule, Interest on Deposits, rescinding 12 CFR part 329 - PDF; Notice of Proposed Rulemaking, Amendment to 12 CFR Parts 329 and 330 - PDF; View Comments Identify OTS Regulations and Orders for OCC and FDIC Enforcement Published a joint notice identifying the OTS regulations and orders that OCC and FDIC will enforce after the transfer of OTS supervision powers to the OCC and FDIC, § 316(c)(3). (June 14, 2011). Notice, OTS Regulations and Orders for OCC and FDIC Enforcement - PDF Section 316(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act Credit Risk Retention ("Skin in the game") Proposed Rule Approved a joint NPR requiring credit risk retention for asset backed securitizations (March 29, 2011). Rules require any securitizer to retain at least 5% of credit risk in assets it transfers through a securitization, subject to an exception for securitizations backed by Qualified Residential Mortgages, § 941. Comment period closed August 1, 2011. Notice of Proposed Rulemaking, Risk Retention - PDF; View Comments; Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Minimum Risk-based Capital Requirements Final Rule Issued a Final Rule to implement the required risk-based capital floor for the advanced approaches risk-based capital rules (Basel II), §171 (June 14, 2011). Final Rule Capital Floor - PDF NPR Capital Floor - PDF; View Comments Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Core and Brokered Deposit Study Completed a study on the use of core and brokered deposits and provided a written report to Congress with legislative recommendations, if any, to address concerns in connection with the definitions of core and brokered deposits, § 1506. (Report dated July 8, 2011). FDIC Study on Core Deposits and Brokered Deposits - PDF 1.3mb/126 pages (PDF Help) Section 1506 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Margin and Capital Requirements for Swaps Proposed Rule Issued joint NPR to implement capital and margin requirements for swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants under each prudential regulator's jurisdiction, §731 (April 12, 2011). Comment period closed June 24, 2011. View Comments Notice of Proposed Rulemaking, Margin and Capital Requirements for Covered Swap Entities - PDF Section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Incentive-Based Compensation Arrangements Proposed Rule Issued an NPR implementing enhanced disclosure and reporting of compensation arrangements and prohibiting incentive-based payment arrangements that encourage inappropriate risk taken by covered financial companies, §956 (February 7, 2011). Comment period closed May 31, 2011. Notice of Proposed Rulemaking, Incentive-Based Compensation Arrangements - PDF; View Comments Section 956 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; § 956 Establishment of the FDIC Systemic Resolution Advisory Committee Established the FDIC Systemic Resolution Advisory Council to provide advice and recommendations on a broad range of issues regarding the resolution of systemically important financial institutions. (April 28, 2011). Federal Register notice - PDF. Assessments, Large Bank Pricing Final Rule Issued a Final Rule to implement changes to the assessment base used to determine risk-based premiums for insured depository institutions, §331(b); included in the rule are changes to the risk-based pricing system necessitated by changes to the assessment base. (February 7, 2011). Final Rule, Assessments, Dividends, Assessment Base, & Large Bank Pricing - PDF Proposed Rule (Issued November 9, 2010) - PDF; View Comments on Proposed Rule Section 331 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Section 332 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Section 334 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Diversity Established new Office of Minority and Women Inclusion, §342 (January 18, 2011). Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Designated Reserve Ratio Final Rule Adopted a Final Rule after consideration of comments on the October NPR proposing a DIF Designated Reserve Ratio of 2% (December 14, 2010). Final Rule §334 - PDF. Proposed Rule (Issued October 19, 2010) - PDF; View Comments on Proposed Rule Section 334 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Risk-Based Capital Guidelines: Market Risk Proposed Rule Issued a NPR to implement the required market risk capital rules, §171 (December 14, 2010). Comment period ended April 11, 2011. NPR Risk-Based Capital Guidelines: Market Risk - PDF; View Comments Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Restoration Plan & Deposit Insurance Fund (DIF) Management Proposed Rules Adopted a revised Restoration Plan to meet the new statutory goal for the DIF reserve ratio, and issued an NPR to set a new designated reserve ratio, implement a dividend policy, and set assessment rates (October 19, 2010). Comment Period closed November 26, 2010. View Comments. Notice and NPR §§332 & 334 - PDF. Section 332 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Section 334 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Unlimited Deposit Insurance Coverage for Non-interest Bearing Transaction Accounts Final Rule After consideration of comments on NPR, issued final rule implementing temporary unlimited deposit insurance coverage for non-interest bearing transaction accounts (November 9, 2010). Comment Period closed October 15, 2010. View Comments; Final Rule §343 - PDF Section 343 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Amended Unlimited Deposit Insurance Coverage for Non-interest Bearing Transaction Accounts Final Rule to include IOLTAs Issued a Final Rule to implement a new law (Pub. L. No. 111-343 (Dec. 29, 2010)) extending Temporary Unlimited Deposit Insurance for Noninterest-Bearing Transaction Accounts to Interest on Lawyers Trust Accounts (IOLTAs) (January 18, 2011). Final Rule - PDF Deposit Insurance Coverage Limit Final Rule Issued Final Rule implementing permanent increase in deposit insurance coverage to $250,000 (August 10, 2010). Final Rule §335 - PDF Section 335 of the Dodd-Frank Wall Street Reform and Consumer Protection Act Review of Regulatory Use of Credit Ratings and Request for Comment Issued joint Advance Notice of Proposed Rulemaking (ANPR) to request public comment on other measures of creditworthiness (as alternatives to credit ratings) for use in capital regulations (August 10, 2010). Comment period closed October 25, 2010. ANPR §939A - PDF; View Comments Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Conducted Roundtable Regarding Core and Brokered Deposits
Prohibitions on Proprietary Trading ("Volcker Rule") Final Rules
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Last Updated 1/25/2013 | communications@fdic.gov | ||||