Title VI of the Dodd-Frank Act imposes a limit on the degree to which liabilities held by financial companies may be concentrated. Merger or acquisition is barred if the resulting company’s consolidated liabilities exceed ten percent of the aggregate consolidated liabilities of all financial companies in the U.S. The law required an FSOC study of this limit and provides that it may be significantly modified in implementation based on this study’s finding. Because the FSOC generally endorses the limit, a broad roll-back is not likely absent new law, but action along the lines on which comment is sought will ease the limit’s impact to some degree on non-bank financial companies if included in the final report.
The full report is available to retainer clients. To find out how you can sign up for the service, click here.