Regulators Extend Comment Period for Long-Term Debt Requirements

Nov 27, 2023

Regulators Extend Comment Period for Long-Term Debt Requirements

The Federal Reserve, Federal Deposit Insurance Corp. (FDIC), and Office of the Comptroller of the Currency (OCC) have announced an extension to the comment period for the proposed rule mandating long-term debt requirements for additional large banks. Originally set to end on November 30th, the comment period has now been extended to January 16th, 2022.

The decision to extend the comment period was made in order to allow interested parties more time to analyze the issues and prepare their comments. The regulators stated in a joint statement issued on Wednesday, “The agencies extended the comment period to allow interested parties more time to analyze the issues and prepare their comments.”

This extension comes amidst increasing criticism from the industry and lawmakers regarding the severity of regulatory decisions that have been taken following the banking turmoil that began in March. Many stakeholders in the banking industry and legislators have voiced concerns about the impact of these regulations on the overall stability of the banking system.

In addition to the extension of the comment period for long-term debt requirements, the regulators have also extended the comment period for a July proposal to revamp capital requirements for banks with $100 billion or more in assets. This proposal aims to increase the amount of capital these banks would be required to hold by 19%. The regulators have also initiated an effort to collect more data from the banks affected by the capital requirements proposal.

The long-term debt plan, which was unveiled in August, aims to improve the orderly resolution of banks in case of a failure. Under the proposed rule, banks with more than $100 billion in assets would be required to issue more long-term debt. The new proposal suggests that large banks maintain a minimum amount of eligible long-term debt equal to 3.5% of average total assets or 6% of risk-weighted assets, whichever is greater. Banks would have a three-year compliance period after the adoption of the final rule, as stated by the FDIC.

The regulators’ objective is to address the underlying systemic vulnerabilities that were highlighted during the collapse of Silicon Valley Bank, Signature Bank, and First Republic Bank earlier this year. FDIC Chair Martin Gruenberg emphasized the need for stricter regulations for large banks and the importance of protecting uninsured depositors.

Despite these intentions, various banking trade groups have raised concerns about the proposed updates on capital requirements. In a letter to the Fed, OCC, and FDIC, the Bank Policy Institute and others criticized the reliance on non-public information and the lack of transparency in the proposed rule. They argue that this violates requirements under the Administrative Procedure Act.

Federal Reserve Governor Michelle Bowman has also expressed reservations about the proposed regulatory capital requirement changes. She believes that sound risk management and supervision are essential and that improvements can be made within the existing frameworks without a complete overhaul.

In summary, the extension of the comment period for long-term debt requirements for additional large banks provides interested parties with more time to analyze the proposed rule and prepare their comments. The regulators’ aim is to address the vulnerabilities in the banking system and improve the orderly resolution of banks in case of failure. However, there are concerns from industry stakeholders and lawmakers regarding the severity of the regulatory decisions and the lack of transparency in the proposed rules.

Frequently Asked Questions:
1. What is the purpose of the proposed rule mandating long-term debt requirements for additional large banks?
The proposed rule aims to improve the orderly resolution of banks in case of failure by requiring banks with more than $100 billion in assets to issue more long-term debt.

2. Why was the comment period for the proposed rule extended?
The comment period was extended to allow interested parties more time to analyze the issues and prepare their comments.

3. What is the deadline for submitting comments on the proposed rule?
The deadline for submitting comments on the proposed rule is January 16th, 2022.

4. What are the concerns raised by banking trade groups regarding the proposed updates on capital requirements?
Banking trade groups have criticized the reliance on non-public information and the lack of transparency in the proposed rule, arguing that it violates requirements under the Administrative Procedure Act.

5. What is the position of Federal Reserve Governor Michelle Bowman on the proposed regulatory capital requirement changes?
Federal Reserve Governor Michelle Bowman has expressed reservations about the proposed changes and believes that improvements can be made within the existing frameworks without a complete overhaul.

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