OCC Issues Bulletin Regarding Mandatory Contractual Stay Requirements for Qualified Financial Contracts

Federal Issues Banking Dodd-Frank OCC Agency Rule-Making & Guidance

On October 3, the OCC issued Bulletin 2016-31 seeking comment on a proposed rule intended to “enhance the resilience and the safety and soundness of federally chartered and licensed financial institutions.” Pursuant to the proposal, a covered bank would be required to ensure that a covered qualified financial contract (i) contains a contractual stay-and-transfer provision equivalent to those contained in the Dodd-Frank Act’s stay-and-transfer provision under title II and in the Federal Deposit Insurance Act; and (ii) restricts the use of default rights based on an affiliate’s insolvency. Moreover, the proposal would “make conforming amendments in certain definitions in the capital adequacy standards in 12 CFR 3 and the liquidity risk measurement standards in 12 CFR 50.” Comments on the proposed rule are due by October 18, 2016.