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- BBA - Banking Regulations & Operations PDF Notes, eBook, Summary - Free Download
- Banking Law and Practice
- banking law and practice syllabus
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BBA - Banking Regulations & Operations PDF Notes, eBook, Summary - Free Download
This chapter provides an overview of the current U. However, whether state or federally chartered, a bank will have at least one federal supervisor. Most banks in the U. More recently, legislation passed by the Congress and regulatory initiatives undertaken by U. In November , the U. BHCs and the U. The United States has a complex regulatory framework that features a myriad of federal regulatory agencies having often overlapping responsibility for banking regulation.
A brief description of the relevant bank regulatory agencies follows:. This trend toward super equivalent rules has likely ended, and current efforts are mainly focused on tailoring and adding transparency to regulatory requirements. President Trump has issued several executive orders aimed at halting additional financial regulation and regulation more generally.
Some states have issued limited-purpose bank charters to such companies. The OCC is also considering granting special purpose federal bank charters to fintech companies.
The grant of such special purpose federal charters would allow fintech companies to comply with a single set of national standards, rather than having to comply with the regulations of multiple states. In , the OCC adopted a new rule creating a formal receivership process for uninsured special purpose national banks.
In July , the OCC issued a supplement to its Licensing Manual explaining how it would apply its existing standards to fintech companies applying for special purpose national bank charters.
These such challenges are pending as of January Such plans have been met with heavy regulatory and legislative scrutiny, including with respect to AML and privacy issues. Cybersecurity has also been an area of increasing focus, and the U. Full compliance was required by March 1, Improving bank governance and increasing the role and responsibilities of boards of directors and the risk management function of banking organisations have been key areas of focus for U.
Generally, U. Boards of directors of banking organisations must perform these duties, with a focus on preserving the safety and soundness of the bank. State and federal law also impose various citizenship, residency, independence, and expertise requirements on bank boards of directors.
In August , the Federal Reserve Board requested public comment on a proposed new rule aimed at clarifying and narrowing the respective responsibilities of boards of directors and management, with the purpose of allowing boards of directors to focus their time and energy on their core responsibilities. The proposal remains pending. Boards of directors themselves have also recently become subject to additional prescriptive requirements regarding their structure and composition. Risk management is a critical function within banking organisations, and the function has been subject to increasingly prescriptive regulation because risk-management failures were perceived to be a significant cause of the financial crisis.
FBOs also must maintain a U. CRO who is employed and located in the U. The tailoring rules eliminated the U. The internal audit function within banking organisations generally is responsible for ensuring that the bank complies with its own policies and procedures and those required by law and regulation.
In the United States, internal audit must be positioned within the institution in a way that ensures impartiality and sufficient independence. Internal audit must maintain a detailed risk assessment methodology, an audit plan, audit programme, and audit report.
The audit committee is responsible for overseeing the internal audit function. The composition of the audit committee has similar requirements to that of the risk committee, depending on the size of the institution and supervising federal regulator. The OCC heightened standards guidelines additionally require that the audit function of banks subject to the guidelines be led by a Chief Audit Executive who must be one level below the CEO, have unfettered access to the board, and report regularly to the audit committee of the board.
In the mids, the U. After the financial crisis, new legislation introduced significant restrictions on compensation for senior executive officers of firms that received certain forms of government assistance, including limits on bonuses, clawback requirements, and various governance requirements.
The U. As of January , the rule has not yet been finalised. Implementing a major change in the U. BHC and bank subsidiaries and substantially all other U. The IHC is subject to, with limited exceptions, the enhanced prudential standards applicable to U. Bankruptcy Code. Firms that do not submit credible plans are subject to the imposition of stricter regulatory requirements.
Since the enactment of Dodd-Frank, firms have been through several rounds of resolution plans. EGRRCPA and subsequent rulemaking raised the thresholds at which the resolution plan requirement applies and generally aligned the precise requirements with the categories used for the application of other enhanced prudential standards.
In July , the U. On November 21, , U. Under the tailoring rules adopted by the three U. Other banking organisations are generally subject only to the standardised approach.
In addition, as of January 1, , banks must hold a capital conservation buffer in the form of CET1 of 2. An institution that fails to maintain capital in excess of the buffer will be restricted in its ability to make capital distributions or pay discretionary executive bonuses. No such buffer has been imposed. The eight largest U. Although the Revised Capital Framework is largely consistent with the Basel Framework, one important difference arises from the absence of the use of external credit ratings for the risk-weighting of assets in the Revised Capital Framework due to the prohibition in Section A of the Dodd-Frank Act on the use of external credit ratings.
More generally, comparability of risk-weighting of assets across institutions and jurisdictions has become a matter of significant regulatory attention. In addition, in , the U. It will be effective on April 1, , with a mandatory compliance date of January 1, Unlike the Basel II.
The Basel Committee adopted a revised capital requirement for market risk framework in January to ensure standardisation and promote consistent implementation globally. Key features include a revised boundary between the trading and banking book, a revised standardised and internal models approach for market risk, and incorporation of the risk of market illiquidity.
In January , the Basel Committee issued revised standards, which will come into effect in January The Revised Capital Framework includes two separate leverage requirements. In addition, the largest U. In October , the U.
For example, in order for a U. Capital levels also form the basis for the level of deposit insurance premiums payable to the FDIC by depository institutions, the ability of depository institutions to accept brokered deposits, qualification of banking organisations for streamlined processing of applications to make acquisitions or engage in new businesses, as well as other filings with bank supervisors under various laws and regulations.
Capital levels also form the basis for the prompt corrective action framework applicable to depository institutions which provides for early supervisory intervention in a depository institution as its capital levels decline. Stress testing is a key supervisory technique used by U. The tailoring rules revised the stress-testing and CCAR requirements so as to reduce the compliance burden on firms in lower-risk categories.
Under this revised regime, U. BHCs and IHCs are required to run company-run stress tests and supervisory stress tests either annually or biannually, depending on the applicable category of standards under the tailoring rules.
There were 18 firms subject to the CCAR process in GSIBs and certain U. IHCs of non-U. These requirements are aimed at improving the prospects for the orderly resolution of such an institution. Long-term debt issued on or prior to December 31, , was grandfathered from provisions of the rule that prohibit certain contractual provisions.
Compliance was required by January 1, Liquidity has become a key focus of U. LCR, like that released by the Basel Committee, requires firms to hold a prescribed ratio of high-quality liquid assets to withstand a day stress scenario.
In , the U. The Federal Reserve has stated that it may develop and propose a quantitative LCR-based liquidity requirement applicable to the U. In , the Federal Reserve approved a final rule requiring all institutions subject to the U. LCR to publicly disclose their liquidity coverage ratio on a quarterly basis in a direct and prominent manner.
Many significant comments were submitted, and the rule was not finalised as of the end of Generally, the NSFR requires covered firms to hold a specified ratio of high-quality liquid assets sufficient to cover the outflows of a one-year stress scenario.
Regulators have also addressed liquidity in the U. As a general matter under U. Properly licensed non-U. Virtually all U. Except for grandfathered offices, U.
Funds on deposit in a non-U. Also, they are not entitled to the benefits of the depositor preference provisions of the FDI Act unless such deposits are by their terms dually payable at an office of the bank inside the United States. The FDIC requires FDIC-insured institutions with more than two million deposit accounts to maintain complete and accurate data on each depositor and to implement information technology systems capable of calculating the amount of insured money for depositors within 24 hours of a failure.
In December , the FDIC sought public comment on an Advance Notice of Proposed Rulemaking that would address the changes in the financial market and the economic environment since the rules on brokered deposits were last amended in In December , the FDIC issued a proposed rule that would make several changes to brokered deposit rules in order to modernise its framework and adapt to the introduction of financial technology companies into the industry.
Consumer deposit accounts are subject to CFPB regulations that require banking organisations to make disclosures regarding interest rates and fees and certain other terms and conditions associated with such accounts. Deposit accounts are also subject to Federal Reserve regulations regarding funds availability and the collection of cheques.
Banking Law and Practice
There are countless types of banks and financial institutions currently operating in the world. Each of these institutions seeks to provide a specific set of services, and it is not uncommon for an organization to tailor its services to a particular market or type of investor. For example, if a customer wishes to purchase stock shares, the bank ensures that the money and the stock are ready to be traded. The bank will oversee the actual transfer of the stock and funds, and it will ensure that any reporting requirements regarding the transaction are recorded. In general, many people are most familiar with retail banking. Retail banking provides services to the general public, including mortgages, loans, deposits, and checking accounts.
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banking law and practice syllabus
Introduction of Bcom Banking Law and Operations Notes
This chapter provides an overview of the current U. However, whether state or federally chartered, a bank will have at least one federal supervisor. Most banks in the U. More recently, legislation passed by the Congress and regulatory initiatives undertaken by U. In November , the U.
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