Nonbank SIFI Designation

In concert with proposing a new systemic-risk methodology,1 the Financial Stability Oversight Council sought comment on guidance that significantly rewrites the manner in which nonbanks are designated as systemically important financial institutions (SIFIs). The new approach retracts key aspects of the Trump FSOC’s approach,2 for example eliminating the necessity of determining if a possible designee is likely to fail and what the costs and benefits of new systemic standards are likely to be. Although the new approach retains numerous procedural opportunities for the possible designee to know of and protest action, these and other changes make designation more likely. Should it occur, the SIFI would then be regulated by the Federal Reserve at considerable cost to current business models but potential benefits to financial stability.