Arezou

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So far Arezou Rafikian has created 1966 blog entries.
23 02, 2024

AL022624

2024-02-23T16:40:22-05:00February 23rd, 2024|3- This Week|

Anniversary Party

March 10 is the one-year anniversary of Silicon Valley Bank’s costly failure, although one might better date the beginning of the end of regional-bank regulation as we knew it to March 8, the date Silvergate bit the digital dust.  Congress has talked much of these failures ever since, but actually done nothing but chide the banking agencies from different sides of the political spectrum based on what Members think of the massive regulatory rewrite proposed in SVB’s wake and ongoing internal work at the banking agencies to improve woefully-inadequate supervision.  We would add the value also of focusing on the FDIC’s inability to resolve troubled banks to the urgent to-do list, but Congress has yet to turn to it and so neither does the FDIC.  Still, lack of action does not mean lack of talk.  There will in fact be much, much talk about recent failures when Chair Powell comes to Congress next week and even, we expect, a bit of legislative action that just might change a little bit of banking law.

Al022624.pdf

23 02, 2024

Daily022324

2024-02-23T16:39:26-05:00February 23rd, 2024|2- Daily Briefing|

FDIC’s OIG: Agency Faces Severe Staffing, Resolution Challenges

The FDIC’s Office of the Inspector General (OIG) late yesterday issued an assessment of ongoing FDIC challenges.  These only indirectly address the workplace-culture inquiry now gripping the agency and Congress, focusing principally on the extent to which the agency has made progress addressing the significant internal failings identified in its reports on Signature Bank’s failure (see Client Report REFORM222) and that of First Republic.

Progressive Dems Argue that De-Risking is Discriminatory

Late yesterday, Sens. Warren (D-MA) and Sanders (D-VT) alongside Reps. Omar (D-MN), Tlaib (D-MI), and Pressley (D-MA) sent letters to the heads of JP Morgan Chase, Wells Fargo, Bank of America, and Citibank criticizing the banks for what they describe as shutting down consumer accounts as part of AML de-risking practices.  Calling this harmful to consumers and a threat to equitable access, Muslim-Americans and other minority communities are said to be disproportionately affected in violation of Treasury policy.

Basel Head Continues Capital-Reg Defense, Work on NBFI Standards

The head of the Basel Committee, Pablo Hernández de Cos, today reiterated his defense of the global capital rules, spending much of the talk arguing against those seeking to roll them back and those who consider bank capital “idle money.”  The talk also emphasized the inter-connected risk to banks highlighted by new exploratory Fed stress tests (see Client Report STRESS32), Acting Comptroller Hsu’s speech earlier this week, and FSOC’s systemic methodology (see FSM Report SYSTEMIC98), noting …

16 02, 2024

FedFin Daily Alert: CFPB Report Continues Credit Card Attack

2024-02-20T12:08:07-05:00February 16th, 2024|The Vault|

Buttressing its controversial credit-card late-fee proposal (see FSM Report CREDITCARD36), the CFPB today issued a report finding that the 25 largest credit card issuers charged interest rates eight to ten percentage points higher than small-and-medium-sized banks and credit unions. The report states that higher rates among large issuers persist across credit scores, with large issuers also more likely to charge annual fees.  The report also identifies by name fifteen issuers who reported cards with interest rates above thirty percent.  The data come from the first set of results from the updated Terms of Credit Card Plans survey.  In a statement alongside the report, Director Chopra stated that the CFPB will be “accelerating its efforts to ensure that consumers can access better rates that can save families billions of dollars per year.”  No specific initiatives are named.

 …

12 02, 2024

Daily021224

2024-02-13T13:14:07-05:00February 12th, 2024|2- Daily Briefing|

Bowman Presses New Community-Bank Regulatory Construct

FRB Gov. Bowman today recommended that community banks be differentiated from larger ones based not on asset size as now, but rather by their business model.  Key criteria, she says, should be a simple and local business model focused on relationship banking.  Community-banking standards should reflect this business model in contrast to other banking strategies and be “fair,” i.e., focused on how challenging and costly it is for community banks to comply with rules that may not meaningfully apply to them.

IMF Targets Margining Risks

Reinforcing the work of global regulators addressing margining liquidity-risk fears, the IMF released a staff study finding that as much as a third of EU investment funds that are large derivatives end-users could not meet their variation-margin requirements under stress.

HFSC Set to Demand Much from Treasury, FinCEN

The HFSC majority-staff memo on Wednesday’s FinCEN hearing makes it clear that Under-Secretary Nelson and FinCEN director Gacki will face hard questioning on anti-money laundering and CFT topics.  These will surely include critical GOP scrutiny of Treasury’s request for additional authority for greater monitoring and enforcement authority over digital assets even though the Digital Asset Subcommittee plans a hearing specifically on this topic later this week.

FFIEC Redesigns Valuation-Bias Exam Protocol

Arguing that deficient real estate valuations due to bias or discrimination cause consumer harm and pose safety-and-soundness risks, the FFIEC today issued a statement of examination principles regarding valuation discrimination and bias in residential lending.  While the principles primarily concern …

8 02, 2024

Politico Morning Money, Thursday, February 8, 2024

2024-02-08T12:31:26-05:00February 8th, 2024|Press Clips|

The latest on NYCB

By Zachary Warmbrodt

…. MM has a first look at the political and policy impacts to watch from Federal Financial Analytics. A few highlights:

  • The bank reported deposit inflows but what they are and how long they last is uncertain. A big factor: The government will likely be hard-pressed to do anything resembling a bailout or a systemic designation.
  • Details about NYCB’s reliance on Federal Home Loan Banks will be key. The FHFA – the agency overseeing the FHLBs — is taking a sterner view of troubled bank advances than it once did.
  • GOP lawmakers may focus on the FDIC’s decision to sell Signature Bank’s assets to NYCB, given it had yet to integrate Flagstar Bank and already had significant concentrations in New York-area commercial real estate. It could feed into Republicans’ push to force out FDIC Chair Martin Gruenberg.

https://www.politico.com/newsletters/morning-money

5 02, 2024

FedFin on: Bank-Merger Policy

2024-02-06T11:24:26-05:00February 5th, 2024|The Vault|

Although all of the banking agencies have for years promised a new bank-merger policy, none has proposed one until this OCC rulemaking.  It is intended to add certainty and transparency to the manner in which the OCC reviews merger applications or others for charter combinations from national banks and federal savings associations resulting in a federally-chartered depository, but the OCC retains discretion to do as it chooses in this arena given the flexibility built into all the attributes now laid out that may augur OCC  disapproval and/or expedited processing.  The policy also appears to apply to…

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.…

2 02, 2024

Al020524

2024-02-02T16:12:41-05:00February 2nd, 2024|3- This Week|

Systemic Show-Down

As seems always the case, the Treasury Secretary’s appearance before Congress this week reporting on FSOC’s work will feature a lot more partisan wrangling than policy insight.  We will nonetheless glean what we can, with snippets possibly of greater import than usual because Democrats are pushing FSOC harder than ever to be more than the “book-report club” described by CFPB Director Chopra (see Client Report CONSUMER54).

Al020524.pdf

1 02, 2024

Daily020124

2024-02-01T16:56:10-05:00February 1st, 2024|2- Daily Briefing|

CRA Rules Finally Go Live

The Federal Register today contains the OCC, FDIC, and FRB’s CRA final rule over three months after it was approved last October. The effective date of April 1 is unchanged and the regulation is now official; anyone contemplating litigation can begin formal proceedings.

Congress Takes on SEC Crypto-Custody Accounting

As anticipated, Sen. Lummis (R-WY) has today introduced a resolution to overturn the SEC’s staff accounting bulletin (SAB) 121 via the Congressional Review Act (see FSM Report CUSTODY5).  Reps. Nickel (D-NC) and Flood (R-NE) have introduced an identical resolution in the House, with HFSC Chairman McHenry (R-NC) already making clear that he intends to support the measure.

Daily020124.pdf

1 02, 2024

FedFin on: AI Regulation

2024-02-05T16:39:39-05:00February 1st, 2024|The Vault|

Although FSOC’s latest annual report highlights AI risk,  it does not request any express agency action, a hands-off approach that led to bipartisan legislation demanding a more forceful approach.   Possibly leading the way as it did on climate risk,  the CFTC now seeks comment on both the way it uses AI and how it affects not only financial markets under its jurisdiction, but also financial-system stability.

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.…

1 02, 2024

AI5

2024-02-01T10:20:08-05:00February 1st, 2024|1- Financial Services Management|

AI Regulation

Although FSOC’s latest annual report highlights AI risk, it does not request any express agency action, a hands-off approach that led to bipartisan legislation demanding a more forceful approach.  Possibly leading the way as it did on climate risk, the CFTC now seeks comment on both the way it uses AI and how it affects not only financial markets under its jurisdiction, but also financial-system stability.

AI5.pdf

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