Topic: Public Policy & Advocacy

The New Deregistration Thresholds Under the JOBS Act: What Community Bankers Should Know

June 1, 2012 | Banking Exchange by Steve Cocheo

The Jumpstart Our Business Startups Act (JOBS Act) enacted in April 2012 raised the shareholder registration and deregistration thresholds for banks. Now community banks with fewer than 2,000 shareholders of record do not need to register to become a public company and those with less than 1,200 can deregister. Diana moderated a recorded telephone briefing about issues bank boards should consider before going private, including costs, market liquidity, and impact on future capital raising.

Derivatives and Legal Lending Limits: Industry Perspectives

March 2012 | Conference of State Bank Supervisors (CSBS)

Diana provided formal training for state bank supervisors about the Dodd-Frank Act mandated new regulatory framework for the swaps markets. The presentation included background information about regulations and pending federal and state legislation. She focused on the measurement of credit exposure now included in lending limits for both national and state-chartered banks, single counterparty credit limits, margin requirements, affiliate transactions, and more.

Comment Letter on Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant” and “Eligible Contract Participant”

February 14, 2012 | American Bankers Association (ABA)

The ABA urged the CFTC not to extend the Dodd-Frank Act swap dealer exemption for swaps entered into in connection with originating loans to the federal Farm Credit System (FCS). The statutory exemption is available only to insured depository institutions as defined in the Federal Deposit Insurance Act, which does not include the FCS. The CFTC limited the exemption to banks and savings associations.

Financial Regulatory Reform: Derivatives

November 4, 2011 | American Bar Association

In the full committee meeting of the Business Law Section Banking Law Committee (BLC), Diana gave a presentation about the new regulatory framework for the swaps markets mandated by the Dodd-Frank Act. She provided an overview of dozens of pending rules and related pending legislation. Her focus was on clearing and margin requirements, registration and regulation of market participants, transaction reporting, push-out of certain derivatives from the most active banks, and international implications.

Comment Letter on Further Definition of “Swap Dealer,” “Security-Based Swap Dealer,” “Major Swap Participant,” “Major Security-Based Swap Participant” and “Eligible Contract Participant”

November 3, 2011 | American Bankers Association (ABA)

The ABA urges the CFTC to accommodate all common lending practices as it implements the swap dealer exemption for swaps entered into by insured depository institutions in connection with originating loans. The letter describes common lending practices, including loan origination, financial terms, economically equivalent extensions of credit, swaps to offset bank loan-related risks, syndicated loans, and commodity swaps in connection with loans. The CFTC provided reasonable accommodation these common lending practices.

Comment Letter on End-User Exception to Mandatory Clearing of Swaps and Security-Based Swaps

September 30, 2011 | American Bankers Association (ABA)

The ABA provided additional comments to the CFTC and SEC about how end-user banks with limited swaps activities and use swaps solely to hedge or mitigate risk would be affected if one of their counterparties ceased conducting business. The letter describes existing bank risk management practices and comprehensive regulation, including legal lending limits. The CFTC final rule provides a clearing exemption for banks and savings associations with $10 billion or less in total assets.