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Regulatory Alerts

Quick hitting summaries of specific regulatory developments and their impact.

2024
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Incentive-based Compensation: Interagency Proposed Rule

Seeks to curb “excessive risk-taking” and align compensation with sound risk management

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Investment Advice Fiduciary: DOL Final Retirement Security Rule

Expanded definitions of investment advice and recommendations

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Heightened Risk Standards: Focus on Trade Surveillance

Mitigating operational and market conduct risk

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Risk Alert: SEC Marketing Rule Compliance

Focus on true, fair, and balanced advertising

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Consumer Complaints: CFPB Analysis of 2023

Key Findings and Insights from Over One Million Complaints

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SEC Speaks: Recap of 2023 Actions

Highlights related to enforcements, examinations, and rulemaking activities

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Data Retention and Deletion: Devices and E-Comms

Ongoing enforcement trends and rulemakings highlight regulators’ focus on data capture, retention, and deletion

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SEC Examinations Risk Alert: T+1 Settlement Cycle

Assessing preparedness for the shift to a shortened settlement cycle

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Emerging Regulatory Focus: Operational Resilience

Identification of critical operations, disruption tolerances, and robust third-party oversight

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Physical Security: New CA Workplace Law

New requirements for workplace security

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SEC Final Amendments: Rule 605 of Regulation NMS

Expanding coverage and disclosure for execution of orders in NMS stocks

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SEC Climate-Related Disclosure: Final Rule

Less in final disclosures but anticipate continued regulatory focus on climate risk management, controls, data, analysis and testing

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Credit Card Late Fees: CFPB Final Rule

Changes to credit card late fees for larger card issuers

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Regulatory Perimeter: Expanding Financial Service Coverage

Acting independently and together financial services regulators are “closing gaps” in regulatory coverage

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NAIC 2024 Strategic Priorities for State Insurance Regulators

Focus areas including climate risk, AI/predictive analytics, Cyber, fair marketing, oversight/transparency, and consumer protections

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Heightened Risk Standards: Focus on Data Management (& BCBS 239)

Intensified scrutiny of risk data management/governance practices

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Fraud, Identity Theft, and Other Scams

2023 FTC Data Book Insights

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Financial Crimes & AML: FinCEN Proposal and Treasury Actions

Treasury and FinCEN actions to assess and strengthen AML/CFT/BSA coverage

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Form PF Reporting: SEC, CFTC Joint Final Rule

Expanded reporting requirements for investment advisers to private funds, including hedge funds

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Heightened Risk Standards: Focus on Risk Frameworks, Processes, and Controls

Increased regulatory scrutiny in the management of risk and controls

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Dealer Definition: SEC Final Amendments

Expansion of registration and coverage to traders/hedge funds engaging in liquidity-providing roles

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Heightened Risk Standards: Focus on AML/BSA

Increased regulatory scrutiny in the management of AML/BSA

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AI Regulation: Cross-Agency Actions

“Whole-of-government” execution of Executive Order to establish safe, secure, and trustworthy AI

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Fees: CFPB Overdraft Lending Proposed Rule

Directed to financial institutions over $10B; would limit fees and exemptions

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Swaps: SEC Examinations Risk Alert; CFTC Proposals

To strengthen reporting, recordkeeping, risk management, and operational resilience

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FTC NPR to Children’s Online Privacy (COPPA)

Amendment to increase restrictions on the collection, use, and disclosure of children’s personal information

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Regulatory Oversight: FINRA 2024 Annual Report

Key supervisory risk areas

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SEC Approves Firsts in Listing/Trading of Spot Bitcoin ETPs

Ongoing focus on investor protections, disclosure requirements, standards of conduct, and exchange rules

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Anti-bribery: Extension of Prohibitions to “Foreign Officials”

New anti-corruption/ anti-bribery focus includes demand, receipt, or acceptance of bribes by “foreign officials”, expanding upon FCPA

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Commercial Real Estate (CRE): Expanded Regulatory Focus

Reports/guidance emphasize CRE challenges and risk mitigation

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Antitrust: DOJ/FTC 2023 Merger Guidelines

11 guideline areas for all industries/sectors

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FinCEN CTA: Final Rule on Beneficial Ownership Information Access

CTA final rule establishes who may access, for what purposes, and necessary safeguards; second of three related rulemakings

    2023
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    FDIC Deposit Insurance Signage and Advertising: Final Rule

    Focus on responsible advertising and clarity of insured versus non-insured products

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    AI Actions: NIST RFI

    Guidelines coming for AI evaluation, red-teaming, “and more”

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    U.S. Treasury Securities Clearing Agency Standards: SEC Final Rule

    Enhanced treasury securities risk management practices, customer protections, and clearing & settlement standards

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    Illicit Finance & Corruption: Treasury Actions

    Efforts to thwart threats posed by illicit finance, money laundering, sanctions evasion and corruption

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    Fall 2023 Regulatory Agendas: Key Federal Banking Agencies

    Key list of upcoming rulemakings

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    Landmark Actions Coming: The AI Act and Growing US Regulations

    “Whole-of-government” actions increasing as agencies intensify their focus on safe, secure, and trustworthy AI/GenAI

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    Analysis of Regulations: OMB Circular A-4 Cost-Benefit Updates

    Revisions to expand consideration of societal costs/benefits and indirect impacts, with longer time horizons and lower discount rates

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    SEC Fall 2023 Regulatory Agenda

    Notable planned final and proposed rulemakings continue to be recognized in the Agenda stages of rulemaking

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    Noncompliance with Laws and Regulations, Including Fraud: PCAOB Proposed Amendments

    Potential areas for company risk focus

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    FRB Reports: Supervision and Regulation; Financial Stability

    Semiannual reports highlighting supervisory and regulatory developments, supervisory priorities, and financial system risks

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    CFPB Proposal to Supervise Big Tech and Other Wallet/Payment Providers

    Proposal to supervise “larger participants” in the nonbank market for “general-use consumer digital payment applications”

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    Financial Stability, Nonbank Supervision: FSOC Final Guidance

    Analytic Framework and Guidance for identifying, assessing, and responding to potential bank and nonbank financial stability risks

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    DOJ Safe Harbor Policy for Voluntary Self-Disclosures in Mergers & Acquisitions

    DOJ Safe Harbor Policy for Voluntary Self-Disclosures in M&A

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    Executive Order on Safe, Secure, and Trustworthy AI

    Call for AI risk management actions/standards for privacy, security, consumer/worker protections, and innovation

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    Debit Interchange Fee Cap: FRB Reg II Proposed Amendments

    Proposal to amend the interchange fee cap and methodology

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    Final Principles for Climate-Related Financial Risk Management

    Interagency guidance for banks over $100B to identify, measure, monitor, and control climate-related financial risks

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    Community Reinvestment Act: Interagency Final Rule

    Updated CRA framework recognizing “branchless” banking and clarifying CRA-eligible activities, metrics/benchmarks and processes

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    ”Open Banking” 1033 Personal Financial Data Rights: CFPB Proposal

    Proposal to provide consumers “more control” over their personal financial data related to deposit, savings, and credit cards accounts

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    Short Sale Reporting: SEC Final Rule

    New rule and Form SHO for monthly reporting of gross short sale positions and “net” activity by institutional investment managers

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    Reporting of Securities Loans: SEC Final Rule

    Daily reporting requirements and publication of information for covered securities loans and related modifications on most securities

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    Volume-based Transaction Pricing: SEC Proposed Rule

    Proposal to prohibit pricing for agency-related orders and to require disclosures around pricing tiers and membership

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    Examinations: SEC 2024 Priorities

    Focus areas include marketing practices, conflicts of interest, operational resiliency, and emerging financial technology

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    “Junk Fees” Actions: FTC, CFPB, FCC, HUD, DOT, State

    Ongoing “whole of government” actions to prohibit “hidden” and “falsely advertised” fees from consumer products and services

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    SEC Beneficial Ownership Reporting Amendments

    Shorter reporting timeframes for investors with more than a 5 percent beneficial ownership of a covered class of equity securities

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    Expanded Risk Governance and Management: FDIC Proposed Guidelines

    Expectations for board governance and for board and management risk management responsibilities

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    CA Climate Laws: GHG Emissions and Risk Reporting

    New CA laws requiring measurement and reporting of GHG emissions (Scopes 1, 2, and 3) and climate-related financial risks

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    Consumer/Worker Protections: FTC, FCC, and DOL Sign MOUs

    Agreements to protect consumers from electronic spam/scams and workers from unfair competition/business practices

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    Names Rule: SEC Final Amendments

    Preventing Misleading or Deceptive Fund Names

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    Risk Alert: SEC Investment Adviser Supervision

    Insights into the selection of advisers for exams, including risk factors, and document requests

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    Long-Term Debt Requirements: Interagency Proposed Rule

    Proposal to impose a LTD requirement on certain large BHCs, IHCs, and insured depository institutions

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    SEC Private Fund Adviser Reforms: Final Rules

    Increased reporting/disclosure to investors; new compliance documentation requirements for all registered advisers

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    AML Enforcement: SEC Risk Alert & FFIEC Exam Manual Updates

    Increasing intensity to AML programs, customer identification programs, CDD, and beneficial ownership obligations

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    “Covered Technologies” and Conflicts of Interest: SEC Proposal

    To address conflicts arising from technologies that optimize for, predict, guide, forecast, or direct investor decisions

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    Resolution & Living Wills: FDIC and Joint (FDIC/FRB) proposals

    Strengthening resolution planning, strategy, and reporting

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    Capital Requirements: Proposed “Basel III Endgame” & GSIB Capital Surcharges

    Intended to introduce more transparency, consistency, and risk sensitivity to the frameworks

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    Public Company Cybersecurity Risk Management, Strategy, Governance and Incident Disclosure

    SEC Final Rule

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    SEC Money Market Fund Reforms & Customer Protection Rule Proposal

    SEC efforts to improve fund resiliency and stability

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    2023 Regulatory Agendas: Federal Banking Regulators

    Key list of upcoming rulemaking

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    SEC 2023 Regulatory Agenda

    Continuing a brisk pace and breadth of activity

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    SEC Examinations Risk Alert: Marketing Rule

    Expanding examinations focus on testimonials and endorsements, third-party ratings, and Form ADV disclosures

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    Third-Party Risk Management (TPRM): Final Interagency Guidance

    Replaces each agency’s prior third-party guidance; reiterates sound risk management

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    Bank Supervision: OCC “Persistent Weaknesses”

    Reiterating the importance of bank risk management, issues management, and governance

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    Biometric Information: Federal Trade Commission UDAP

    Policy statement on the collection and use of “biometric information”

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    Supervisory Focus: FRB Highlights

    FRB Reports: Supervision and Regulation, Financial Stability

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    Clearing Agency Risk Management and “Living Wills”

    Proposed changes to the Covered Clearing Agency Standards impacting margin requirements and the elements of recovery and wind-down plans

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    Form PF and Share Repurchase Disclosures: Final Rules

    Expands investment adviser Form PF reporting and issuer disclosure of share repurchase plans and activity

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    FDIC Deposit Insurance Reform Options

    Potential alternatives to the current deposit insurance system

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    Bank Supervision and Regulatory Change

    Federal push for changes to financial services supervision and regulation

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    Enforcement/Supervision to “Automated Systems”

    Ensuring “automated systems” development and use is consistent with federal laws

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    Financial Stability, Nonbank Supervision: FSOC Proposals

    Analytic framework and related guidance for identifying, assessing, and responding to potential financial stability risks

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    Environmental Justice: New Executive Order

    White House says “environmental justice is a duty of all executive branch agencies and should be incorporated into their missions”

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    Ensuring Trust in AI: Commerce Department Request for Comment

    Seeking input on how to ensure that AI works as claimed and without causing harms

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    Bank Regulatory Change

    Administration encourages federal banking agencies to make regulatory and supervisory changes

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    CFPB Small Business Lending Data (Section 1071)

    Final rule governing data collection and reporting

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    FTC Recent Focus on Tech: Digital Advertising, Cloud

    Increasing scrutiny of technology adoption and use

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    SEC Proposal to Expand Regulation SCI

    Areas of focus: policies/procedures, incident notification, and system reviews/testing

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    SEC Proposals on Cyber Risk Management for Market Entities

    Areas of focus: policies/procedures, cyber risk assessments, incident notification/disclosure, expanded coverage among participants

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    SEC Proposes Amendments to Regulation S-P

    Changes to the Safeguards and Disposal Rules to address detection and notification of customer data breaches

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    DOJ Initiatives on Compensation, Voluntary Self-Disclosure

    Continuing focus on accountability and cooperation

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    White House Announces National Cybersecurity Strategy

    Calls to shift liability and investment and promote secure and resilient software products/services

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    Fraud, Identity Theft, and Other Scams

    Approximately 5.15 million reports received from consumers in 2022

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    Russia-Ukraine War: Expanded U.S. Sanctions, FATF Action

    U.S., G7, and other countries announce “expanded and intensified” Russia sanctions and set price caps on Russian-origin petroleum products

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    NAIC 2023 Strategic Priorities for State Insurance Regulators

    Focus areas including climate risk, data/AI, cybersecurity, marketing, and consumer protections

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    SEC Proposes Amendments to the Custody Rule

    Expands authority to all assets, including crypto

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    SEC final rule for T+1 settlement cycle

    Shortening the securities transaction settlement cycle

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    Focus on Tech: Cloud, AI, Personal Data

    Heightened regulatory expectations for technology risk management, operational resiliency, risk governance, data collection and privacy

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    Examinations: SEC 2023 Priorities

    Focus areas include adherence to new rules, RIAs to private funds, retail investor “best interest” ESG-related services/funds, and “crypto-related” trading

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    Consumer Fees: CFPB Proposal on Credit Card Late Fees

    Continued focus on consumer fees and “fairness”

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    SEC Examinations Risk Alert: Regulation Best Interest

    Observations across the four components: Disclosure, Care, Conflict of Interest, and Compliance

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    DOJ Revises Criminal Division Corporate Enforcement Policy

    "Benefits" for self-disclosure, cooperation, and remediation

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    Climate Risk: FRB’s Pilot Scenario Analysis and Risk Management Practices

    Quantitative and qualitative measures for assessing impact of physical and transition risk

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    Examination and Risk Monitoring: FINRA 2023 Report

    Outline of key risk areas and new topics

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    CFPB Proposal to Supervise Big Tech and Other Wallet/Payment Providers

    Proposal to supervise “larger participants” in the nonbank market for “general-use consumer digital payment applications”

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    CFPB Regulatory Agenda

    Continuing focus on fees

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    SEC Regulatory Agenda

    Continuing its ambitious pace and breadth of activity

    SEC Regulatory Agenda
      2022
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      Focus on Non-Bank Financial Firms, P2P Platforms, and Crypto Exchanges

      Banks and non-banks should anticipate heightened regulatory attention

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      FRB Reports: Financial stability risks; Supervision and regulatory priorities

      Large banks mitigate financial uncertainties; the FRB denotes “work to do” to meet supervisory expectations for governance and controls

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      Bank Lending: FRB Survey Indicates Industry Expects Mild Recession, Tightening Standards

      Tightening of standards and terms across business loans; increased demand for credit card loans and HELOCs

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      Third party risk management: SEC Investment Adviser Proposal

      New proposed oversight requirements for investment advisers using third party service providers

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      Consumer and Investor Fees: SEC, CFPB, and FTC Focus

      Recent regulatory releases reinforce the increasing focus on fees

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      CFPB Proposals for Section 1033, Personal Financial Data Rights

      Outline of proposals to implement section 1033 of the Dodd-Frank Act

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      Data Retention and Deletion: Increasing Regulatory Expectations

      Regulators have heightened rulemaking and enforcement to strengthen recordkeeping, data retention, and data deletion requirements

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      Climate Risk: Insurance data collection; FSB progress reports

      Continued focus on climate-related financial risks, related disclosures, and prudential oversight

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      Large Bank Resolution: FRB, FDIC Joint ANPR

      Increasing concentration in the $250-$700 billion asset size prompts regulators to consider changes to LBO resolution requirements

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      Crypto and Digital Assets: FSOC, NY Fed Reports on Financial Stability Implications

      Detailed reports on the financial stability risks of digital assets

      Crypto and Digital Assets: FSOC, NY Fed Reports on Financial Stability Implications
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      Climate Risk: SEC’s Mandatory Climate Disclosures Proposal

      Quantitative and qualitative elements would have far-reaching impacts

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      Climate Risk: FRB pilot scenario analysis

      Measuring and managing climate-related risks

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      Crypto & Digital Assets: Treasury & DOJ Report Recommendations

      A look at recommendations to inform future policies, including consumer/investor protections, financial crimes, and national security

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      DOJ shifts policies, encouraging compliance "incentives and deterrence"

      Enhancing and investing in the ethics & compliance program

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      Regulation and supervision: Agencies preview forthcoming priorities

      Key upcoming areas of focus

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      Inflation Reduction Act

      Provisions to address energy production, carbon emissions reduction

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      OCC principles for large bank climate risk management

      Large banks on notice for maturation of climate risk management programs

        Explore more regulatory insights

        Meet our team

        Image of Amy S. Matsuo
        Amy S. Matsuo
        Principal, U.S. Regulatory Insights & Compliance Transformation Lead, KPMG LLP

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