TCH Provides Fed with Study on Merchant Banking Activities
Mar 10, 2017
The Clearing House study, submitted to the Fed, examines the merchant banking activities conducted by twelve FHCs most active in this space.
TCH Submits Comment Letter on Capital Treatment for Fronting Commitments
Feb 28, 2017
In the letter to the Fed, OCC and FDIC, The Clearing House proposed that a fronting bank should include only the exposure amount corresponding to its pro rata share of the fronting commitment as an off-balance-sheet exposure for both risk-based capital purposes and for its total leverage exposure in calculating its supplementary leverage ratio.
TCH & SIFMA Respond to the FDIC‘s NPR Re: QFCs Recordkeeping Requirements
Feb 27, 2017
The Clearing House (TCH) letter expresses support for harmonizing Part 371 (which requires troubled IDIs to maintain records related to their QFCs) with a similar QFC recordkeeping rule for large financial groups recently adopted by the Treasury Secretary, but identifies specific areas where the FDIC’s rules would continue to diverge from the Treasury’s Final Rule.
Trades Submit Letter on BCBS Revised Correspondent Banking Guidance
Feb 22, 2017
The Clearing House (TCH) along with the IIB filed a comment letter with the BCBS on its proposed revisions to the annexes on correspondent banking and account opening in its Sound management of risks related to money laundering and financing of terrorism guidelines.
Trades File Merchant Banking Comment Letter
Feb 21, 2017
The Clearing House (TCH) along with the ABA, the Financial Services Forum, FSR and IIB filed a comment letter with the Federal Reserve on its proposed rule that would, among other things, impose increased risk-based capital charges on merchant banking investments in companies engaged in physical commodities activities.
TCH Submits Comments on Enhanced Cyber Risk Management Standards
Feb 17, 2017
In a letter to banking regulators TCH recommends, that before proceeding with new requirements, the agencies should focus on consolidating existing standards and work with industry stakeholders to assess and close gaps in the current regulatory framework.
TCH Publishes New Anti-Money Laundering Report
Feb 16, 2017
The Clearing House (TCH) released a report entitled A New Paradigm: Redesigning the U.S. AML/CFT Framework to Protect National Security and Aid Law Enforcement. The paper analyzes the current effectiveness of the AML/CFT regime, identifies fundamental problems with that regime, and proposes a series of reforms to remedy them.
TCH Releases Guiding Principles for Sanctions Issues Related to Shipping and Financial Products
Feb 10, 2017
Guiding Principles for Sanctions Issues Related to Shipping and Financial Products is the product of the BAFT/TCH Sanctions Working Group, which is comprised of sanctions experts in the world’s leading U.S. and international financial institutions regulated in the United States. The principles seek to assist financial institutions by distinguishing between types of shipment-related transactions that should and should not be considered to be prohibited by OFAC regulations due to their nexus to sanctioned countries or ports. The principles also recommend practical compliance practices for financial institutions that deal with such issues.
TCH Responds to NYDFS’s Revised Cyber Proposal for Financial Institutions
Jan 27, 2017
The Clearing House (TCH) filed a comment letter with the NYDFS responding to its revised proposal which would establish cybersecurity requirements for financial services companies that are authorized to do business in New York under the New York banking, insurance and/or financial services laws.
TCH-IIB File Amicus in Schwab v. Bank of America
Jan 20, 2017
In a joint amicus brief TCH and the IIB argue that: (i) Schwab’s position ignores that specific personal jurisdiction exists only where the defendant personally and purposefully engaged in suit-related conduct in the forum state; and (ii) adopting Schwab’s vicarious-jurisdiction theories would violate due process and could impermissibly subject member banks to jurisdiction everywhere.
TCH Submits Letter to OCC on Proposed FinTech Charter
Jan 17, 2017
The Clearing House (TCH) joined by SIFMA and the ICBA, submitted a letter to the OCC in response to its white paper on Exploring Special Purpose National Bank (SPNB) Charters for Fintech Companies.
TCH Responds to OCC Proposed Revisions to DFAST-14A
Jan 17, 2017
The Clearing House (TCH) submitted a comment letter to the OCC in response to its proposed revisions to the DFAST-14A.
TCH Responds to BCBS ECL Proposal
Jan 13, 2017
TCH submitted a comment letter to the Basel Committee in response to its proposal on the policy considerations related to the regulatory treatment of accounting provisions under the Basel III capital framework.
TCH Files Joint-Trades Supplemental Letter on NSFR
Dec 28, 2016
The Clearing House (TCH) comment letter highlights a number of differences between the EU’s NSFR Proposal and the U.S. NSFR Proposal, highlighting ten “primary differences” between the EU proposal and U.S. proposal.
TCH Files Joint-Trades Letter Responding to FDIC NPR Restricting Terms of QFCs
Dec 12, 2016
The Clearing House (TCH), along with SIFMA, the ABA, the FSF, the FSR, and the IIB commented on an FDIC NPR relating to restrictions on the terms of QFCs entered into by state savings associations and state nonmember banks (FSIs) that are part of U.S. banking organizations identified as G-SIBs or the U.S. operations of FBOs that are G-SIBs.
TCH Files Joint-Trades Amicus Brief in Support of Petitioners in Bank of America v. Gelboim
Dec 9, 2016
The brief argues that (i) noncompetitive benchmarks, such as LIBOR, should not be treated as prices under antitrust laws, (ii) the Second Circuit expanded potential antitrust liability for standard setting programs by holding that mere participation in setting a benchmark was sufficient to infer participation in an antitrust conspiracy, and (iii) the combination of expanded price-fixing and conspiracy liability will chill efficiency-enhancing benchmarks and other standard-setting agreements.
TCH-EY Publish Bank Innovation White Paper
Nov 29, 2016
The Clearing House (TCH) and E&Y released a white paper entitled “The digital bank: tech innovations driving change at US banks.” The paper addresses how banks are using technological innovation to improve products and services for customers, strengthen bank controls and drive down costs. It also discusses ways in which regulators can foster and encourage innovation.
TCH Files Comment Letter to Federal Reserve on Proposed Amendments to CCAR
Nov 23, 2016
The Clearing House (TCH) filed a comment letter with the Federal Reserve on the proposed amendments to the Capital Plan and Stress Test Rules. The comment letter supported the Federal Reserve’s proposal to eliminate the qualitative portion of CCAR for “large and noncomplex” firms and the proposed transition rules for firms crossing the $50B threshold.
TCH Files Comment Letter to FASB on Hedging
Nov 22, 2016
The Clearing House (TCH) filed a comment letter with the FASB on targeted improvements to accounting for hedging activities. The letter supported (i) proposed refinements to the accounting for the hedged item in fair value hedges of interest rate risk, (ii) proposed changes that allow more risk component hedging, and (iii) proposed improvements regarding the application of current guidance related to the assessment of hedge effectiveness.
TCH Files Comment Letter to FASB on Prepayable Debt
Nov 22, 2016
The Clearing House (TCH) filed a comment letter with the FASB on callable debt securities. The comment letter supports the proposed requirement that the premiums of callable debt securities, which are purchased at a premium, must be amortized to the earliest call date.