U.S. Federal Reserve issues proposals related to designation of systemically important nonbank financial companies; comments due by March 30, 2011

On February 8, 2011, the U.S. Federal Reserve Board requested comment on a proposed Rule that implements two provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act related to the designation by the Financial Stability Oversight Council of systemically important nonbank financial companies for consolidated supervision by the Board.

First, the proposed rule establishes the requirements for determining if a company is “predominantly engaged in financial activities.” Under the Dodd-Frank Act, a company generally can be designated by the Council only if 85 percent or more of the company’s revenues or assets are related to activities that have been determined to be financial in nature under the Bank Holding Company Act.

Second, the proposed rule defines the terms “significant nonbank financial company” and “significant bank holding company.” Among the factors the Council must consider in determining whether to designate a nonbank financial company for supervision by the Board is the extent and nature of the company’s transactions and relationships with other “significant” nonbank financial companies and “significant” bank holding companies. Under the proposal, a firm would be considered “significant” if it has $50 billion or more in total consolidated assets or had been designated by the Council as systemically important.

Comments on the proposal must be submitted by March 30, 2011. Publication in the Federal Register is expected shortly.

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