OCC and FDIC Approve Interagency Final Rule Amending Volcker Rule
The Office of the Comptroller of the Currency ("OCC") and the FDIC approved an interagency final rule simplifying certain aspects of existing regulations implementing the Volcker Rule (i.e. Section 619 of Dodd-Frank). The Federal Reserve Board, SEC and CFTC have not yet approved the rule.
The final rule is generally consistent with the 2018 proposal (see previous coverage). Modifications were adopted in the final rulemaking process with respect to the "trading account" definition and the exceptions to the prohibition on proprietary trading.
The final rule will be effective as of January 1, 2020, and compliance will be required as of January 1, 2021.
Primary Sources
- FDIC Press Release: FDIC Approves Interagency Final Rule to Simplify and Tailor "Volcker Rule"
- FDIC Chair Jelena McWilliams: Remarks on Revisions to Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds
- FDIC Fact Sheet: Final Rule Amendments to Volcker Rule
- OCC, FRB, FDIC, SEC and CFTC Joint Release: Final Rule - Revisions to Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds
- OCC Press Release: Comptroller of Currency Approves Volcker Rule Reforms
- FDIC Memorandum: Final Rule - Revisions to Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds
Related Articles
-
The Board of Governors of the Federal Reserve System issued a proposal aimed at simplifying and tailoring compliance with the Volcker Rule.
-
Lawyers summarized key provisions of the Economic Growth, Regulatory Relief, and Consumer Protection Act.
-
FRB Vice Chairman Randal K. Quarles revealed that federal regulators are collaborating on a proposal to make "material changes to the Volcker Rule."
Commentary by Steven Lofchie
-
A proposal by the Federal Reserve Board, FDIC, Office of the Comptroller of the Currency, SEC and CFTC to revamp the Volcker Rule was published in the Federal Register.
-
The Federal Reserve Board, FDIC and the Office of the Comptroller of the Currency detailed an interim approach to rules and associated reporting requirements affected by the Economic Growth, Regulatory Relief, and Consumer Protection Act.
-
In testimony before the House Financial Services Committee, Comptroller of the Currency Joseph Otting identified the top priorities of the Office and detailed operational and compliance risks faced by the banking industry.
Premium Content
Available only to Premium subscribers.
- A Look at the Proposal to Simplify the Volcker Rule
- BHCA Section 13, 12 USC 1851 - Prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds
- Dodd-Frank - Sec. 619. Prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds
- OCC Rules--Part 44: Proprietary Trading and Certain Interests in and Relationships with Covered Funds (44.1-21)
- FRS Rules--Part 248: Proprietary Trading and Certain Interests In and Relationships with Covered Funds (Regulation VV) (Volcker Rule) (248.1-21)
- FDIC Rules--Part 351: Proprietary Trading and Certain Interests in and Relationships with Covered Funds (351.1-21)
- CFTC Rules Part 75-Proprietary Trading and Certain Interests in and Relationships with Covered Funds
- CFTC Rule 75.2: Definitions.
- OCC Rule 44.2: Definitions.
- FDIC Rule 351.2: Definitions.
- FRS Rule 248.2: Definitions.
- CFTC Rule 75.3: Prohibition on proprietary trading.
- FDIC Rule 351.3: Prohibition on proprietary trading.
- FRS Rule 248.3: Prohibition on proprietary trading.
- CFTC Rule 75.4: Permitted underwriting and market making-related activities.
- FDIC Rule 351.4: Permitted underwriting and market making-related activities.
- FRS Rule 248.4: Permitted underwriting and market making-related activities.
- CFTC Rule 75.5: Permitted risk-mitigating hedging activities.
- FDIC Rule 351.5: Permitted risk-mitigating hedging activities.
- FRS Rule 248.5: Permitted risk-mitigating hedging activities.
- CFTC Rule 75.6: Other permitted proprietary trading activities.
- FDIC Rule 351.6: Other permitted proprietary trading activities.
- FRS Rule 248.6: Other permitted proprietary trading activities.
- CFTC Rule 75.10: Prohibition on acquiring or retaining an ownership interest in and having certain relationships with a covered fund.
- FDIC Rule 351.10: Prohibition on acquiring or retaining an ownership interest in and having certain relationships with a covered fund.
- FRS Rule 248.10: Prohibition on acquiring or retaining an ownership interest in and having certain relationships with a covered fund.
- CFTC Rule 75.11: Permitted organizing and offering, underwriting, and market making with respect to a covered fund.
- FDIC Rule 351.11: Permitted organizing and offering, underwriting, and market making with respect to a covered fund.
- FRS Rule 248.11: Permitted organizing and offering, underwriting, and market making with respect to a covered fund.
- CFTC Rule 75.12: Permitted investment in a covered fund.
- FDIC Rule 351.12: Permitted investment in a covered fund.
- FRS Rule 248.12: Permitted investment in a covered fund.
- CFTC Rule 75.13: Other permitted covered fund activities and investments.
- FDIC Rule 351.13: Other permitted covered fund activities and investments.
- FRS Rule 248.13: Other permitted covered fund activities and investments.
- CFTC Rule 75.14: Limitations on relationships with a covered fund.
- FDIC Rule 351.14: Limitations on relationships with a covered fund.
- FRS Rule 248.14: Limitations on relationships with a covered fund.
- CFTC Rule 75.20: Program for compliance; reporting.
- FDIC Rule 351.20: Program for compliance; reporting
- FRS Rule 248.20: Program for compliance; reporting.
- CFTC Rules--Appendix A to Part 75: Reporting and Recordkeeping Requirements for Covered Trading Activities
- OCC Rules--Part 44--Appendix A: Reporting and Recordkeeping Requirements for Covered Trading Activities
- FDIC Rules--Part 351--Appendix A: Reporting and Recordkeeping Requirements for Covered Trading Activities
- FRS Rules--Part 248--Appendix A: Reporting and Recordkeeping Requirements for Covered Trading Activities
- Volcker Rule (SEC Version)--Appendix A: Reporting and Recordkeeping Requirements for Covered Trading Activities
Join Premium
US Regulatory Intelligence combines regulatory and enforcement news, analysis, and practical work tools on an easy-to-use digital platform.