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Financial Services Law Insights and Observations

Agencies finalize living will requirements

Agency Rule-Making & Guidance FDIC Federal Reserve Living Wills Of Interest to Non-US Persons EGRRCPA

Agency Rule-Making & Guidance

On October 28, the Federal Reserve Board and the FDIC issued a joint press release to announce the adoption of a final rule amending resolution planning requirements (known as living wills) for large domestic and foreign firms with more than $100 billion in total consolidated assets, while tailoring requirements to the level of risk a firm poses to the financial system. The final rule—which is substantially similar to the April 2019 proposal (previous InfoBytes coverage here)—makes improvements to the November 2011 joint resolution plan rule, and is consistent with amendments to Dodd-Frank made by the Economic Growth, Regulatory Relief, and Consumer Protection Act. Among other things, the final rule tailors resolution planning requirements by using four “risk-based categories,” and extends the default resolution plan filing cycle. Global systemically important bank holding companies (GSIBs) will continue to be required to submit resolution plans on a two-year cycle; however, firms that do not pose the same systemic risk as GSIBs will only be required to submit their resolution plans on a three-year cycle. The agencies note in their release that both groups will alternate between submitting full and targeted resolution plans, and that “[f]oreign firms with relatively limited U.S. operations would be required to submit reduced resolution plans.” Additionally, firms with less than $250 billion in total consolidated assets that do not meet certain risk criteria will now be  exempt under the final rule. The agencies also emphasize a change from the proposed rule: only smaller and less complex firms may request changes to their full resolution plans, subject to approval by both agencies prior to taking effect.

The final rule takes effect 60 days following publication in the Federal Register.

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