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Dodd Frank Update March 2012

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Dodd Frank Update March 2012
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SEC commissioner calls for Volcker Rule re-proposal
Posted Date: Monday, February 27, 2012
A member of the Securities and Exchange Commission said regulators working to implement the provisions of the Dodd-Frank Act's Volcker Rule should make “a fresh start.” Commissioner Troy Paredes said the current Volcker Rule proposal could hurt U.S. markets and argued that a rule re-proposal is in order. Read on to learn about his concerns.

 
SEC offers guidance on say-on-pay voting materials
Posted Date: Monday, February 27, 2012
Companies seeking to comply with Dodd-Frank's say-on-pay provisions received additional guidance from the Securities and Exchange Commission. The regulator recently updated a list of questions and answers related to Rule 14a-21. Read on for the details.

 
SEC's Schapiro discusses Dodd-Frank progress
Posted Date: Monday, February 27, 2012
The Securities and Exchange Commission received broad new powers and responsibilities under the Dodd-Frank Act; however, some policymakers question the regulator's ability to live up to its new mandates. SEC Chairman Mary Schapiro recently discussed efforts to implement Dodd-Frank's provisions and the steps her agency has taken to remake itself.

 
NAFCU to CFPB: Don't let Reg. Z changes harm small institutions
Posted Date: Monday, February 27, 2012
An industry association urged the Consumer Financial Protection Bureau to keep smaller institutions in mind as the agency prepares to change regulations implementing the Truth in Lending Act.

 
How to get that perfect appraisal and win the customer's trust
Posted Date: Monday, February 27, 2012
Appraisers take a lot of heat from lenders, appraisal management companies, Realtors and others who have developed a mistrust of the appraiser community over the past decade. Now is a crucial time for appraisers to repair that damaged image and work hard to regain their client's trust. Valuation Review, Dodd Frank Update's sister publication, is hosting a Webinar on March 8 that will instruct appraisers on how to better their business practices to earn back the trust of their customers. Read on for the details on what this Webinar will offer.

 
Industry groups: CFTC should make ‘available to trade' determinations
Posted Date: Monday, February 27, 2012
A group of associations said the Commodity Futures Trading Commission not industry participants should determine whether a swap is available to trade for the purposes of Dodd-Frank's clearing requirements. Read on to learn what changes the groups said the CFTC should make to its proposed rule on the matter.

 
Divided CFTC adopts business conduct standards final rule
Posted Date: Sunday, February 26, 2012
The Commodity Futures Trading Commission approved a package of final rules setting forth business conduct standards for swap dealers, major swap participants and futures commission merchants as required under Title VII of the Dodd-Frank Act. The agency finalized the rules despite strong opposition from two commission members. Read on to learn about the rules and why some commissioners refused to support them.

 
CFTC roundtable to discuss customer collateral protections
Posted Date: Sunday, February 26, 2012
The Commodity Futures Trading Commission will hold a two-day public roundtable to discuss additional customer collateral protection. The agency will use the roundtable to gather public input on a variety of ideas to further protect customers.

 
CFTC re-proposes block trade rule
Posted Date: Sunday, February 26, 2012
The Commodity Futures Trading Commission re-proposed rules intended to help determine what constitutes a large notional swap transaction or block trade for the purposes of applying time delays for public reporting. Read on to learn about the rule and one commissioner's concerns.

 
Bureau builds consumer advisory panel
Posted Date: Sunday, February 26, 2012
The Consumer Financial Protection Bureau is seeking nominations for members of its Consumer Advisory Board ”“”“ a panel of consumer experts who will advise the agency on emerging trends and practices in financial services and products. Read on to learn about the panel.

 
CFPB forms small business review panel for mortgage disclosure project
Posted Date: Thursday, February 23, 2012
The Consumer Financial Protection Bureau is forming a small business review panel as part of its initiative to integrate the mortgage disclosure forms that borrowers receive when applying for and closing on a loan. The agency also revealed some of the issues it plans to address as it works to craft rules to alleviate inconsistencies between the Truth in Lending Act and the Real Estate Settlement Procedures Act. Read on for the details.

 
Lawmakers examine executive compensation issues
Posted Date: Wednesday, February 22, 2012
Policymakers and regulators have taken many steps to address executive compensation practices at large financial firms in the wake of the financial crisis. The Dodd-Frank Act included several compensation provisions that are intended to dissuade company leaders from making risky bets that could place taxpayer dollars and the nation's financial stability in jeopardy. A Senate subcommittee weighed recent changes and the potential need for further action. Read on to learn what experts on both sides of the issue had to say.

 
CFPB launches probe into overdraft fees
Posted Date: Tuesday, February 21, 2012
The Consumer Financial Protection Bureau launched an inquiry into checking account overdraft programs to determine how these practices are impacting consumers. As part of that inquiry, the CFPB is seeking public input on a prototype “penalty fee box” ”“”“ a disclosure on a consumer's checking account statement that would highlight the amount overdrawn and total overdraft fees charged. Read on for the details.

 
CFPB agenda reveals timetable for QM final rule
Posted Date: Monday, February 20, 2012
The Consumer Financial Protection Bureau released an agenda outlining the agency's rulemaking plans between now and October. The timeline revealed when the agency plans to finalize important Dodd-Frank mortgage rules. Read on for the details.

 
Trades to CFPB: Time to talk about mortgage disclosure rules
Posted Date: Monday, February 20, 2012
A group of trade organizations suggested numerous amendments to draft documents the Consumer Financial Protection Bureau crafted as the agency works to combine various mortgage disclosures as required by the Dodd-Frank Act. In a recent comment letter, the groups also said it is difficult to evaluate the CFPB's forms in the absence of accompanying rules. Read on to learn about the associations' concerns.

 
CFPB mortgage disclosure merger enters homestretch
Posted Date: Monday, February 20, 2012
The Consumer Financial Protection Bureau is asking the public to weigh in on its draft mortgage disclosure forms for a final time. Following this latest round of testing, the agency said it will commence work on rules that will implement the forms. Read on to learn about the forms and what industry participants can expect from the CFPB in the coming months.

 
Lawmakers to SEC: Don't weaken extraction payments disclosure rule
Posted Date: Monday, February 20, 2012
A group of U.S. House Democrats urged the Securities and Exchange Commission to swiftly implement Dodd-Frank provisions requiring resource extraction issuers to disclose payments made to U.S. or foreign governments. Read on to learn about the disclosure requirements and what industry participants and lawmakers are saying about the issue.

 
CFTC swaps entity definition vote put on hold
Posted Date: Monday, February 20, 2012
The Commodity Futures Trading Commission will not consider final rules to define a range of swaps participants as anticipated this week. The agency previously announced commissioners would vote on the final rule at Thursday's CFTC open meeting; however, the vote was removed from the meeting agenda. Read on to learn more about this key Dodd-Frank rulemaking.

 
CFTC builds review process for registrants' rule submissions
Posted Date: Monday, February 20, 2012
The Commodity Futures Trading Commission is preparing to establish a notice and comment regime for industry filings it receives from registered entities that wish to certify and gain agency approval for new rules and rule amendments. Read on to learn how many entities the CFTC thinks will be subject to the CFTC's rule certification procedures.

 
Bureau adjusts HMDA data collection threshold for lenders
Posted Date: Sunday, February 19, 2012
The Consumer Financial Protection Bureau adopted a final rule tweaking the threshold for lenders that must collect data related to their mortgage activities under the Home Mortgage Disclosure Act. Read on to learn about the change.

 
Economist outlines impact of Dodd-Frank's credit ratings provisions
Posted Date: Sunday, February 19, 2012
Regulators and industry participants are still coming to terms with Dodd-Frank's credit ratings provisions. Read on to learn how the chief economist at the Federal Reserve Bank of New York believes these provisions will impact regulators and ratings agencies.

 
CFTC requests budget increase for 2013
Posted Date: Thursday, February 16, 2012
The Commodity Futures Trading Commission is seeking a budget boost for 2013 as the agency prepares to scrutinize the vast swaps marketplace as required under the Dodd-Frank Act. Read on to learn about the CFTC's funding request.

 
House committee forwards CFPB confidentiality legislation
Posted Date: Thursday, February 16, 2012
A measure intended to ensure that privileged information banks provide to the Consumer Financial Protection Bureau remains confidential was among the Dodd-Frank Act-related legislative proposals advanced by the House Financial Services Committee. Read on to learn about the bills.

 
CFPB wants your thoughts on regulatory streamlining
Posted Date: Thursday, February 16, 2012
The Consumer Financial Protection Bureau launched a new web-based tool that allows the public to make specific recommendations on how the agency may streamline the regulations within its purview.

 
Lawmakers consider extraterritorial impact of Dodd-Frank swaps provisions
Posted Date: Thursday, February 16, 2012
U.S. lawmakers continue to weigh issues surrounding the potential international application of Dodd-Frank's derivatives provisions. Industry participants from the United States and overseas argue that broad application of certain transactional requirements under Title VII of the act could result in conflicting compliance obligations for some firms, and put U.S.-based companies at a competitive disadvantage in the world marketplace. On Feb. 8, experts and lawmakers on both sides of the debate discussed proposed legislation intended to limit Title VII's extraterritorial impact.

 
Lawmakers scrutinize CFPB budget
Posted Date: Thursday, February 16, 2012
The Consumer Financial Protection Bureau's new director is becoming a frequent visitor on Capitol Hill. On Feb. 15, Richard Cordray discussed his agency's budget before the House Oversight and Investigations Subcommittee. He was greeted by Republicans who continued to express frustration with the bureau's powers and funding.

 
Debt collectors, credit reporting agencies targeted for possible CFPB supervision
Posted Date: Thursday, February 16, 2012
The Consumer Financial Protection Bureau included debt collectors and consumer reporting agencies in its proposed larger participants rule. If the rule is finalized as written, larger players in these markets would become subject to the bureau's new nonbank supervision program. Read on for the details.

 
Consumer bureau crafting monthly mortgage statement
Posted Date: Monday, February 13, 2012
The Consumer Financial Protection Bureau is seeking public input on a draft monthly mortgage statement that is designed to make it easier for homeowners to understand their loans and avoid incurring costs and fees. Read on for the details.

 
CFTC final rule: Registration for commodity pool operators, trading advisers
Posted Date: Monday, February 13, 2012
The Commodity Futures Trading Commission changed Part 4 of its regulations involving registration and compliance obligations for commodity pool operators and commodity trading advisors. The rule, approved on Feb. 8, is intended to increase transparency to the CFTC of CPOs and CTAs acting in the futures and swaps markets and enhances protections for their customers.

 
Trades submit comment letters on Volcker Rule deadline day
Posted Date: Monday, February 13, 2012
The comment period for a joint regulatory proposal that would implement the provisions of the Dodd-Frank Act's Volcker rule ended on Feb. 13. As expected, many large trade organizations waited until the last moment to submit their thoughts to the regulators. Read on for an in-depth look at the issues the groups discussed.

 
New CFTC panel will work to define high frequency trading
Posted Date: Monday, February 13, 2012
The Commodity Futures Trading Commission voted to establish a panel tasked with developing recommendations regarding the definition of high frequency trading. The definition is expected to serve as an initial step toward assessing the presence and impact of such trading in CFTC regulated markets for consideration of appropriate regulatory and policy responses. The regulator also asked the public to nominate experts for the new group.

 
Study identifies ‘significant issues' with SEC rulemaking efforts
Posted Date: Monday, February 13, 2012
The Securities and Exchange Commission's Office of the Inspector General released a follow-up study examining the manner in which the agency conducts economic analysis for its rulemakings under the Dodd-Frank Act. Read on to learn what issues the study identified related to the SEC's analysis of the costs and benefits associated with its rulemaking efforts.

 
Court cracks down on unregistered retail forex dealer
Posted Date: Monday, February 13, 2012
A federal court barred a foreign firm from soliciting or accepting orders to trade foreign currency from U.S. retail customers. The action is part of the Commodity Futures Trading Commission's second nationwide sweep against foreign currency firms for failure to register under the 2008 Farm Bill, the Dodd-Frank Act and commission regulations. Read on for the details.

 
Credit unions bring concerns to CFPB chief
Posted Date: Thursday, February 9, 2012
The Consumer Financial Protection Bureau's new director renewed his promise to minimize the compliance burden the agency may generate for community banks and credit unions. On Feb. 8, Richard Cordray fielded questions from members of the credit union industry during a Webinar hosted by the National Credit Union Administration. Read on to learn what issues were brought to Cordray's attention and how he plans to respond to them.

 
OCC going paperless
Posted Date: Thursday, February 9, 2012
The Office of the Comptroller of the Currency plans to end paper distribution of news and issuances this summer. Read on to learn how institutions will receive guidance and regulatory materials in the future.

 
Regulator outlines key Dodd-Frank provisions for investment advisers
Posted Date: Thursday, February 9, 2012
Investment advisers are racing to keep up with numerous changes under the Dodd-Frank Act, including new registration and reporting requirements and an overhaul of the exemptions provided within the Investment Advisers Act. The changes were discussed during the Compliance Outreach Program National Seminar recently hosted by the Securities and Exchange Commission. Read on to learn what a top SEC regulator identified as the key issues facing advisers.

 
Florida Senate advances resolution urging Dodd-Frank repeal
Posted Date: Thursday, February 9, 2012
The Republican-controlled Florida Senate advanced a resolution that would urge the U.S. Congress to repeal the Dodd-Frank Act. The document argues that the regulations imposed under Dodd-Frank “will severely damage the ability of American companies to compete internationally with foreign companies or even create American jobs.”

 
Trades hammer regulators' amended risk-based capital proposal
Posted Date: Thursday, February 9, 2012
A host of industry organizations spoke out on a plan to modify the proposed market risk capital rules proposed by a group of regulators in light of Dodd-Frank's credit ratings provisions. Read on to learn about the associations' concerns.

 
Lawmakers weigh CFPB powers, structure, funding
Posted Date: Thursday, February 9, 2012
The Republican-controlled U.S. House Subcommittee on Financial Institutions and Consumer Credit considered legislative proposals that proponents say will increase the accountability of the Consumer Financial Protection Bureau. Democrats opposed bills that would move the bureau from the Federal Reserve to the Treasury Department and remove the CFPB's director from the Federal Deposit Insurance Corp. board. However, they signaled possible support for a measure intended to ensure that information shared with the bureau in the supervisory process would be treated as privileged.

 
J.P. Morgan executive nominated to FDIC board
Posted Date: Monday, February 6, 2012
President Barack Obama nominated an executive with J.P. Morgan to serve as a member of the Federal Deposit Insurance Corp. board. Read on to learn about the nominee.

 
NYSE changes broker voting rules in light of Dodd-Frank
Posted Date: Monday, February 6, 2012
The New York Stock Exchange tightened rules setting forth the types of corporate governance proxy proposals upon which brokers may vote. The exchange said it is making the amendments in light of recent legislative action. Read on to learn what matters brokers may not vote on without client instructions.

 
FDIC proposes corporate bond investment guidance
Posted Date: Monday, February 6, 2012
The Federal Deposit Insurance Corp. is seeking comment on proposed guidance regarding the steps savings associations should take as they determine whether certain corporate bonds are suitable for investment as required under regulators' proposed market risk capital rules.

 
MSRB seeks expansion of proposed ‘government obligation' exemption
Posted Date: Monday, February 6, 2012
The board tasked with overseeing firms engaged in the municipal securities business urged expansion of the exemption for governmental obligations in federal regulators' Volcker Rule proposal. The Municipal Securities Rulemaking Board said a significant class of municipal securities would be excluded from the proposed exemption, resulting in a bifurcation of the municipal securities market without benefiting the soundness of the banking system.

 
Trades question swap registration rule's extraterritorial impact
Posted Date: Monday, February 6, 2012
A coalition of industry groups responded to rules governing the registration of swap dealers and major swap participants. The groups said that when the Commodity Futures Trading Commission finalized the regulations, the agency “failed to appreciate the very serious problems created by relying on” the rule's preliminary registration requirement in circumstances where the extraterritorial application of the Commodity Exchange Act's swap provisions has not yet been clarified.

 
Senate Republicans to join legal challenge targeting recess appointments
Posted Date: Monday, February 6, 2012
Efforts to challenge President Barack Obama's recent recess appointments are gaining steam. A group of 39 Republican senators intend to file an amicus brief challenging the constitutionality of the president's appointment of Richard Cordray to head the Consumer Financial Protection Bureau and other appointments to the National Labor Relations Board.

 
Lawmakers urge SEC to exempt private equity from registration requirement
Posted Date: Monday, February 6, 2012
More than two dozen U.S. House members asked regulators to rethink new rules that will require advisers to private equity funds to register with the Securities and Exchange Commission. Read on to learn why the representatives believe the new requirements will be “detrimental to capital formation and job creation.”

 
Agencies vow to fight fraudsters who target service members
Posted Date: Thursday, February 2, 2012
The Consumer Financial Protection Bureau has a new weapon in its arsenal to fight consumer financial frauds directed at military members, veterans and their families. The CFPB, Federal Trade Commission and Department of Defense unveiled plans to create a database intended to track completed enforcement actions against companies and individuals who repeatedly scam military personnel. Read on to learn about the database and how it will work.

 
The CFPB's first six months, and what's next
Posted Date: Thursday, February 2, 2012
The Consumer Financial Protection Bureau submitted a report to Congress describing the agency's activities since it officially opened its doors in July 2011. The report highlights the bureau's effort to identify and correct perceived issues in the mortgage, credit card and student loan markets. It also sets forth the agency's rulemaking plans for the next six months. Read on for highlights from the report.

 
Trades question CFPB's proposed credit card disclosure policy
Posted Date: Thursday, February 2, 2012
Trade associations representing banks and credit unions spoke out about the Consumer Financial Protection Bureau's proposed policy for disclosing certain credit card complaint data. Read on to learn about their concerns.

 
Associations urge regulators to scrap portion of risk retention proposal
Posted Date: Thursday, February 2, 2012
A coalition of industry groups asked federal regulators to drop a provision of their proposed risk retention rule that would require securitizers to set aside the premium from sales of securities in a special reserve account to be used for first losses. Read on to learn why the associations believe the proposal's premium capture cash reserve account provisions could harm the broader economy.

 
SEC staff offers guidance on family office rule
Posted Date: Thursday, February 2, 2012
The Securities and Exchange Commission published answers to a series of questions related to the agency's family offices rule. Read on to learn about the issues the SEC staff guidance addressed.

 
Report highlights differences in global swap regulatory frameworks
Posted Date: Thursday, February 2, 2012
A report from the Commodity Futures Trading Commission and the Securities and Exchange Commission finds important differences between domestic efforts to regulate over-the-counter derivatives and similar regulatory initiatives around the world. Read on to learn what steps the U.S. regulators should take to promote global coordination.

 
Facebook meets Dodd-Frank
Posted Date: Thursday, February 2, 2012
Investors may salivate at the thought of owning a piece of Facebook as the social media behemoth goes public, but company leaders are already bracing for the federal oversight they know is coming. Read on to learn what the company believes the requirements of the Dodd-Frank Act and other statutes will mean for their business.

 
Senate Republicans question Cordray appointment, CFPB powers
Posted Date: Wednesday, February 1, 2012
Richard Cordray appeared before a Senate committee for the first time since President Barack Obama sidestepped the chamber and installed him as the Consumer Financial Protection Bureau's first permanent director. As expected, Republicans hammered Cordray on the legality of his appointment and the legitimacy of the bureau's actions. Read on to learn what Cordray had to say about some major CFPB rulemaking efforts.

 
Sentencing Commission considers new guidelines for securities, mortgage crimes
Posted Date: Monday, January 30, 2012
The government agency that creates sentencing guidelines and policy statements for the federal courts asked for the public's input as it considers possible amendments related to securities fraud, mortgage fraud and financial institutions fraud. Read on to learn about the changes the U.S Sentencing Commission is considering.

 
CFPB reviews feedback on student loan shopping sheet
Posted Date: Monday, January 30, 2012
The Consumer Financial Protection Bureau is reviewing the thousands of comments it received in response to its draft financial aid shopping sheet. Read on to learn what information consumers believe should appear on the form.

 
Discover warns of potential CFPB enforcement action
Posted Date: Monday, January 30, 2012
The Consumer Financial Protection Bureau is taking aim at one of the nation's largest credit card issuers. Discover Financial Services revealed in a recent Securities and Exchange Commission filing that it was notified of a threatened enforcement action brought by the Federal Deposit Insurance Corp. and the CFPB. Read on to learn how the CFPB could impact Discover's future operations.

 
SEC studies investor financial literacy, seeks public comment
Posted Date: Monday, January 30, 2012
The Securities and Exchange Commission is seeking the public's input as it studies financial literacy and investor disclosure issues as required by the Dodd-Frank Act. Read on to learn what some commenters said about the issue.

 
Massachusetts approves private fund registration exemption
Posted Date: Monday, January 30, 2012
Massachusetts approved changes to its rules related to the registration of advisers to hedge funds and private funds. The changes are intended to dovetail with new registration requirements under the Dodd-Frank Act. Read on to learn about the commonwealth's private fund exemption.

 
SEC names interim inspector general
Posted Date: Sunday, January 29, 2012
The Securities and Exchange Commission named an interim replacement for departing Inspector General David Kotz. Read on to learn who the SEC selected.

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