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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.

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New and/or Open For Comment

Orderly Liquidation Authority: Restrictions on Sales of Assets of a Covered Financial Company by the Federal Deposit Insurance Corporation – Final Rule
Approved a proposed rule to implement section 210(r) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, prohibiting individuals or entities that have, or may have, contributed to the failure of a covered financial company from buying a covered financial company’s assets from the FDIC. This final rule establishes a self-certification process that is a prerequisite to the purchase of assets of a covered financial company from the FDIC. (April 8, 2014).
Restrictions on Sales of Assets of a Covered Financial Company by the Federal Deposit Insurance Corporation – Final Rule – PDF;
Restrictions on Sales of Assets of a Covered Financial Company by the Federal Deposit Insurance Corporation – Proposed Rule – PDF; View Comments.

Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule – Final Rule
Adopted as final the FDIC’s July 2013 interim final rule. This final rule is substantively identical to the joint final rule adopted by the OCC and the Federal Reserve in July 2013. Among other things, the final rule implements a revised definition of regulatory capital, a new common equity tier 1 minimum capital requirement, a higher minimum tier 1 capital requirement, and, for FDIC-supervised institutions subject to the advanced approaches risk-based capital rules, a supplementary leverage ratio that incorporates a broader set of exposures in the denominator. (April 8, 2014)
Final Rule, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule – PDF;
Interim Final Rule, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule - PDF; View Comments

Regulatory Capital Rules: Regulatory Capital, Enhanced Supplementary Leverage Ratio Standards for Certain Bank Holding Companies and their Subsidiary Insured Depository Institutions – Final Rule
Approved a joint final rule, with the Federal Reserve Board and the Office of the Comptroller of the Currency, to strengthen the supplementary leverage ratio requirements for the largest, most interconnected U.S. banking organizations with total consolidated asset of more than $700 billion. IDI subsidiaries of these companies must satisfy a 6% supplementary leverage ratio requirement. In addition, covered bank holding companies will be subject to a supplementary leverage ratio buffer of 2% above the minimum supplementary leverage ratio of 3%. (April 8, 2014).
Final Rule, Regulatory Capital Rules: Regulatory Capital, Enhanced Supplementary Leverage Ratio Standards for Certain Bank Holding Companies and their Subsidiary Insured Depository Institutions – PDF;
Proposed Rule, Enhanced Supplementary Leverage Ratio Standards – PDF; View Comments

Regulatory Capital Rules: Advanced Approaches Risk-Based Capital Rule, Proposed Revisions to the Definition of Eligible Guarantee – Proposed Rule
Approved a proposed rule, with the OCC and the Federal Reserve, that would revise the definition of eligible guarantee as incorporated into the agencies' advanced approaches risk-based capital rule, adopted in the agencies’ July 2013 regulatory capital rule. The proposed rule would remove the requirement that an eligible guarantee be made by an eligible guarantor for purposes of calculating the risk-weighted assets of an exposure (other than a securitization exposure) under the advanced approaches, and would apply to all banks, savings associations, bank holding companies, and savings and loan holding companies that are subject to the advanced approaches. (April 8, 2014). Comment period ends June 13, 2014.
Proposed Rule, Regulatory Capital Rules: Advanced Approaches Risk-Based Capital Rule, Proposed Revisions to the Definition of Eligible Guarantee – PDF.

Implementation of Basel Committee Revisions to the Denominator Measure for the Supplementary Leverage Ratio – Proposed Rule
Approved a proposed rule, with the OCC and the Federal Reserve, that would revise the denominator of the supplementary leverage ratio (total leverage exposure) that the agencies adopted in July 2013 as part of comprehensive revisions to the agencies' regulatory capital rules. The proposed rule would revise the treatment of on- and off-balance sheet exposures for purposes of determining total leverage exposure, and more closely align the agencies' rules on the calculation of total leverage exposure with international leverage ratio standards. (April 8, 2014). Comment period ends June 13, 2014.
Proposed Rule, Implementing Basel Committee Revisions to the Denominator Measure for the Supplementary Leverage Ratio - PDF.

Minimum Requirements for Appraisal Management Companies, Proposed Rule
Approved a joint proposed rule, with the OCC, the Federal Reserve, the NCUA, CFPB, and FHFA (collectively, the Agencies) to implement the minimum requirements in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act or Act) to be applied by States in the registration and supervision of appraisal management companies (AMCs). The proposed rule also implements the requirement in the Dodd-Frank Act for States to report to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (FFIEC) the information required by the Appraisal Subcommittee (ASC) to administer the new national registry of appraisal management companies (AMC National Registry or Registry). In conjunction with this implementation, the FDIC is proposing to integrate its appraisal regulations for State nonmember banks and State savings associations. (March 11, 2013).  Comment period ends June 9, 2014.
Proposed Rule, Minimum Requirements for Appraisal Management Companies – PDF.

Treatment of Certain Collateralized Debt Obligations Backed Primarily by Trust Preferred Securities With Regard to Prohibitions and Restrictions on Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds – Interim Final Rule
Adopted a common interim final rule that would permit banking entities to retain investments in certain pooled investment vehicles that invested their offering proceeds primarily in certain securities issued by community banking organizations of the type grandfathered under section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The interim final rule is a companion rule to the Volcker Rule. (January 14, 2014). Effective April 1, 2014. Comment period ended March 3, 2014.
Treatment of Certain Collateralized Debt Obligations Backed Primarily by Trust Preferred Securities With Regard to Prohibitions and Restrictions on Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds, Interim Final Rule – PDF; View Comments.

The Resolution of Systemically Important Financial Institutions: Single Point of Entry Strategy, Notice and Request for Comments
Approved a notice and request for comment on the Single Point of Entry Strategy for the orderly resolution of systemically important financial institutions. This notice describes in greater detail the Single Point of Entry strategy, highlights some of the issues identified in connection with the strategy, and requests public comment on various aspects of the strategy. (December 10, 2013). Extended comment period ended March 20, 2014.
The Resolution of Systemically Important Financial Institutions: The Single Point of Entry Strategy - PDF; View Comments.

Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring – Proposed Rule
Approved a proposed rule, with the OCC and the Board of Governors of the Federal Reserve System, that would implement a quantitative liquidity requirement consistent with the liquidity coverage ratio standard established by the Basel Committee on Banking Supervision. The requirement is designed to promote the short-term resilience of the liquidity risk profile of internationally active banking organizations, thereby improving the banking sector's ability to absorb shocks arising from financial and economic stress, as well as improvements in the measurement and management of liquidity risk. (October 30, 2013). Comment period ended January 31, 2014.
Liquidity Coverage Ratio: Liquidity Risk Measurement, Standards, and Monitoring – Proposed Rule - PDF.

Proposed Interagency Policy Statement Establishing Joint Standards for Assessing the Diversity Policies and Practices of Regulated Entities and Request for Comment
Approved a Proposed Policy Statement, with the OCC, Board of Governors of the Federal Reserve System, the NCUA, the CFPB, and SEC, establishing standards for assessing the diversity policies and practices of the entities the agencies regulate. The establishment of standards will provide guidance to the regulated entities and the public for assessing the diversity policies and practices of regulated entities. In addition, by facilitating greater awareness and transparency of the diversity policies and practices of regulated entities, the standards will provide the public a greater ability to assess diversity policies and practices of regulated entities. (September 18, 2013). Comment period ended February 7, 2014.
Proposed Policy Statement on Assessing Diversity Policies and Request for Comment – PDF; View Comments
Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Credit Risk Retention – Second Proposed Rule
Approved a joint NPR to revise the proposed rule originally published in April, 2011. The revised proposed rule requires a securitizer to retain not less than 5 percent of the credit risk of any asset that the securitizer, through the issuance of an asset-backed security, transfers, sells, or conveys to a third party, and prohibits a securitizer from directly or indirectly hedging or otherwise transferring the credit risk that the securitizer is required to retain under section 15G of the Securities Exchange Act of 1934 and the agencies' implementing rules, § 941. Section 15G generally requires the securitizer of asset-backed securities to retain not less than 5 percent of the credit risk of the assets collateralizing the asset-backed securities. Section 15G includes an exemption for asset-backed securities that are collateralized exclusively by residential mortgages that qualify as "qualified residential mortgages." Comment period ended October 30, 2013.
Second notice of proposed rulemaking, Risk Retention - PDF; View Comments;
Original notice of Proposed Rulemaking, Risk Retention - PDF; View Comments;
Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Additional Objectives Completed

Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds ("Volcker Rule") Final Rule
Approved a joint final rule (with other Federal Banking Agencies, SEC and CFTC (with separate preamble), with FSOC coordinating) prohibiting proprietary trading and acquisition of an interest in hedge or private equity funds by banking entities, § 619. (December 10, 2013) Effective April 1, 2014. Comment period on the proposed rule ended February 13, 2012.
Final Rule, Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds:
Final Rule, Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds - PDF
Proposed Rule, Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds - PDF; View Comments
Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Higher-Priced Mortgage Loan Supplemental Final Rule
Approved a final rule, with the Federal Reserve Board, the Bureau of Consumer Financial Protection, the Federal Housing Finance Agency, the National Credit Union Administration , and the Office of the Comptroller of the Currency, to amend Regulation Z to exempt some mortgage loans from appraisal requirements established under the Dodd-Frank Act and implemented in the January 2013 Appraisals rule. For certain mortgages with higher rates, that rule required creditors to obtain an appraisal or appraisals meeting certain specified standards, provide applicants with a notification regarding the use of the appraisals, and give applicants a copy of the written appraisals used. This supplemental rule exempts loans of less than $25,000 from the appraisal requirements, along with certain kinds of refinance loans. (December 10, 2013). Effective January 18, 2014. Comment period on the supplemental proposal ended October 7, 2013.
Appraisals for Higher-Priced Mortgage Loans - Supplemental Final Rule - PDF
Proposed Rule, Appraisals for Higher-Priced Mortgage Loans - Supplemental Proposal - PDF; View Comments;
Final Rule: Higher-Risk Mortgage Appraisal Requirements - PDF;
Proposed Rule, Appraisals for Higher-Risk Mortgage Loans - PDF; View Comments

Orderly Liquidation – Definition of 'Predominantly Engaged in activities that are financial in nature or incidental thereto' Final Rule
Approved a Final Rule establishing standards for determining if a company is predominantly engaged in financial activities for purposes of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act. A company that is predominantly engaged in such activities is a "financial company", and hence, resolvable under FDIC's Orderly Liquidation Authority (unless it is one of the few entities specifically excepted). (June 4, 2013). Effective 30 days after publication in the Federal Register. Comment period ended August 17, 2012.
Final Rule, Definition of "Predominantly Engaged" – PDF;
Proposed Rule, Definition of "Predominantly engaged in activities that are financial in nature or incidental thereto" - PDF; View Comments;

Margin and Capital Requirements for Swaps Proposed Rule
Re-opened comment period on 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 (October 2, 2012). Extended comment period ended November 26, 2012.
(October 2, 2012). Extended comment period closes November 26, 2012. Notice of Proposed Rulemaking, Margin and Capital Requirements for Covered Swap Entities - PDF;
First extension of comment period - PDF; 2nd Extension of comment period - PDF; View Comments
Section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

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
Approved a joint NPR, with the Federal Reserve Board and the Office of the Comptroller of the Currency, that would revise and harmonize the agencies' rules for calculating risk-weighted assets, by, among other things, incorporating certain international capital standards of the Basel Committee on Banking Supervision (BCBS) set forth in the standardized approach of Basel II, as revised by the BCBS between 2006 and 2009, and other proposals addressed in recent consultative papers of the BCBS. The agencies also propose alternatives to credit ratings for calculating risk-weighted assets for certain assets, consistent with DFA § 939A. (June 12, 2012). Comment period ended October 22, 2012.
Proposed Rule, Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements – PDF; View Comments
Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Corporate Debt Securities Final Rule, Amendment to 12 C.F.R. 362
Approved a Final Rule and guidance document establishing Permissible Investments for Federal and State Savings Associations and setting forth FDIC expectations for savings associations conducting due diligence to determine whether a corporate debt security is eligible for investment. (July 18, 2012). Effective July 21, 2012.
Final Rule, Permissible Investments for Federal and State Savings Associations: Corporate Debt Securities – PDF;
Guidance on Due Diligence Requirements for Savings Associations in Determining Whether a Corporate Debt Security Is Eligible for Investment – PDF;
Proposed Rule, Permissible Investments for Federal and State Savings Associations: Corporate Debt Securities - PDF; View Comments

Risk-Based Capital Guidelines: Market Risk; Alternatives to Credit Ratings for Debt and Securitization Positions Final Rule
Approved a Joint Final Rule, with the Office of the Comptroller of the Currency and the Federal Reserve Board, on alternatives to the use of credit ratings for debt and securitization positions, as required by section 939A of Dodd-Frank. (June 12, 2012). Effective January 1, 2013.
Final Rule, Risk-Based Capital Guidelines: Market Risk; Alternatives to Credit Ratings for Debt and Securitization Positions - PDF;
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

Orderly Liquidation - Maximum Obligation Limitation Final Rule
Approved a final rule, drafted jointly with the Secretary of the Treasury, and in consultation with the Financial Stability Oversight Council, governing the calculation of the Maximum Obligation Limitation applicable to any FDIC borrowing from Treasury for the orderly liquidation of a specific systemically important nonbank financial company or bank holding company, §210(n)(7). (April 23, 2012) Effective July 23, 2012.
Final Rule, Calculation of Maximum Obligation Limitation - PDF;
Proposed Rule, Calculation of Maximum Obligation Limitation - PDF; View Comments
Section 210(n)(6) & (7) 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 an NPR 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. (March 20, 2012) The proposed rule was issued with a 60-day comment period. The comment period ended May 29, 2012.
Enforcement of Subsidiary and Affiliate Contracts by the FDIC - PDF; View Comments

Stress Testing Requirements for Certain Banks Proposed Rules
Approved a proposed 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). (January 17, 2012) Comment period ended April 30, 2012.
Annual Stress Test - PDF; View Comments
Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Treatment of a Mutual Insurance Holding Company as an Insurance Company for the Purposes of Orderly Liquidation Final Rule
Approved a Final Rule providing that the liquidation and rehabilitation of a covered financial company that is a mutual insurance holding company will be conducted in the same manner as an insurance company.(April 23, 2012). Effective May 30, 2012.
Final Rule, Mutual Insurance Holding Company Treated as Insurance Company – PDF
Proposed Rule, Treatment of a Mutual Insurance Holding Company as an Insurance Company - PDF; View Comments

Permissible Investments for Federal and State Savings Associations, Proposed Amendment to 12 C.F.R. 362
Approved a Proposed Rule and guidance document establishing Permissible Investments for Federal and State Savings Associations and setting forth FDIC expectations for savings associations conducting due diligence to determine whether a corporate debt security is eligible for investment. (December 7, 2011). Comment period closed February 13, 2012.
Proposed Rule, Permissible Investments for Federal and State Savings Associations: Corporate Debt Securities - PDF; View Comments

Risk-Based Capital Guidelines: Market Risk; Alternatives to Credit Ratings for Debt and Securitization Positions Proposed Rule
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

Events Completed

Conducted Roundtable Regarding Core and Brokered Deposits
Held a roundtable discussion with external parties on core and brokered deposits as part of the research for the Dodd-Frank mandated study on deposits (March 18, 2011). (Roundtables are webcast live and subsequently archived and available for viewing.)
Roundtable Agenda;
Section 1506 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Conducted Roundtable Regarding New Resolution Authority
Held first in a series of roundtable discussions with external parties on new resolution authority for systemically important nonbank financial companies and bank holding companies (August 31, 2010). (Roundtables are webcast live and subsequently archived and available for viewing.)
Roundtable Agenda - Title II;

Conducted Roundtable Regarding New Deposit Insurance Assessment Authority
Held roundtable discussion on the new deposit insurance assessment authority and policies for Deposit Insurance Fund (DIF) management (September 24, 2010).
Roundtable Agenda - §§331, 332, & 334
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

Conducted Roundtable Regarding Resolution Plans
Co-sponsored, with Federal Reserve Board, a roundtable discussion on the resolution plans subject to joint FDIC/Federal Reserve Rulemaking and required for systemically important nonbank financial companies supervised by the Federal Reserve and bank holding companies under the Dodd-Frank Act (November 4, 2010).
Roundtable Agenda - §165
Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Conducted Roundtable Regarding Credit Ratings
Co-sponsored, with Federal Reserve Board, a roundtable discussion on credit ratings (November 10, 2010).
Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Objectives Planned

Orderly Liquidation Procedures for Broker/Dealers Proposed Rule
Issue joint rules with SEC, in consultation with SIPC, establishing procedures for the FDIC to appoint SIPC as trustee of covered brokers or dealers in receivership, and providing for satisfaction of customer claims against the covered broker or dealer, § 205.
Section 205 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Incentive-Based Compensation Arrangements Final Rule
Review comments on NPR and issue Joint Final Rule to implement enhanced disclosure and reporting of compensation arrangements and to prohibit incentive-based payment arrangements that encourage inappropriate risk taken by covered financial companies, § 956.
Section 956 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Margin and Capital Requirements for Swaps Final Rule
Issue final rules implementing 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.
Section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Credit Risk Retention ("Skin in the game") Final Rule
Review comments on NPR and issue Joint Final Rule to require any securitizer to retain at least 5% of credit risk in assets it transfers through a securitization, with an exception for securitizations backed by Qualified Residential Mortgages, § 941.
Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Source of Strength Proposed Rule
Issue a Joint NPR (with other Federal Banking Agencies) requiring bank holding companies, savings and loan holding companies, and other companies that control insured depository institutions to serve as sources of financial strength for their subsidiary depository institutions, § 616(d).
Section 616 of the Dodd-Frank Wall Street Reform and Consumer Protection Act


Last Updated 4/15/2014 communications@fdic.gov