Fed draws line in sand on easing big banks’ burden

Banking News – Fed draws line in sand on easing huge banks’ burden
&nbspRegional banks were the essential winners in the Federal Reserve’s bid to tailor supervision, but rules for the largest banks remained largely unchanged.
Union Banking – http://www.americanbanker.com/news/fed-draws-line-in-sand-on-easing-huge-banks-burden

A new female CEO at a top 50 bank and an unexpected exit at BofA

Banking News – A new female CEO at a top 50 bank and an unexpected exit at BofA
&nbspOne of the country’s 50 largest banks hires a female CEO, making JPMorgan Chase’s Kelly Coffey only the third woman in that special club. Bank of America’s Michelle Moore exits the labor force. And sexual pestering prompts a walkout at Google.
Union Banking – http://www.americanbanker.com/opinion/a-new-female-ceo-at-a-top-50-bank-and-an-unexpected-exit-at-bofa

A comeback for stock buybacks

Banking News – A answer for stock buybacks
&nbspWith their share prices slumping and growth prospects dimming, many banks are trying to appease investors by initiating buyback programs.
Union Banking – http://www.americanbanker.com/news/a-answer-for-stock-buybacks

How Freddie Mac’s preparing for day it might enter private sector

Banking News – How Freddie Mac’s preparing for day it might enter private sector
&nbspWhen the finance giant will be unhindered from regime control is anyone’s guess, but the company’s third-quarter report shows signs of an simpler transition.
Union Banking – http://www.americanbanker.com/news/how-freddie-macs-preparing-for-day-it-might-enter-private-sector

Fintech lender to produce farmers reaps $14M in funding

Banking News – Fintech lender to produce farmers reaps $14M in funding
&nbspHarvest is when farmers need funding the most. ProducePay has financed over $850 million of produce in under four years, troublemaking habitual finance rules in the farm-to-table process.
Union Banking – http://www.americanbanker.com/news/fintech-producepay-reaps-14m-in-funding-for-farmer-financing

Warning: The deregulatory mood can’t last forever

Banking News – Warning: The deregulatory mood can’t last forever
&nbspThe next dip will come sooner rather than later, so bankers should press policymakers for several core improvements to the fiscal system before attitudes in Washington change.
Union Banking – http://www.americanbanker.com/opinion/warning-the-deregulatory-mood-cant-last-forever

Farm Credit System makes a consumer push, and bankers push back

Banking News – Farm Credit System makes a consumer push, and bankers push back
&nbspBankers nag that the quasi-governmental system’s new program calculated to make more housing loans in four states goes well beyond its first mission.
Union Banking – http://www.americanbanker.com/news/farm-credit-system-makes-a-consumer-push-and-bankers-push-back

Fed unveils overhaul of large-bank supervision

Banking News – Fed unveils fix of large-bank supervision
&nbspIn a highly anticipated bid, the central bank outlined a new deal with for its post-crisis management program that divides banks into uncommon tiers based on size.
Union Banking – http://www.americanbanker.com/news/fed-unveils-fix-of-large-bank-supervision

Santander Consumer’s 3Q results show company at a crossroad

Banking News – Santander Consumer’s 3Q results show company at a crossroad
&nbspThe Dallas subprime auto lender seems to be success the bottom of its long drawn out supply of accounting issues, yet its commencing of more loans through Fiat Chrysler underlined questions about the future of its link with the huge automaker.
Union Banking – http://www.americanbanker.com/news/santander-patrons-3q-results-show-company-at-a-crossroad

What challenger banks get about small businesses that banks don’t

Banking News – What rival banks get about small businesses that banks don’t
&nbspAzlo, Bento, Bank Novo and other neobanks argue they are better at helping small businesses, giving them extra concentration, equipment and advice.
Union Banking – http://www.americanbanker.com/news/what-azlo-bento-bank-novo-and-rival-banks-get-about-small-affair

SEC Issues Statement on Certain Provisions of Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants

Banking News – SEC Issues Proclamation on Certain Provisions of Affair Conduct Values for Wellbeing-Based Swap Dealers and Major Wellbeing-Based Swap Participants
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The Securities and Chat Fee today announced that it has voted to issue a proclamation setting forth the Fee’s spot, for a limited time period, that certain actions with respect to point provisions of its Affair Conduct Values for Wellbeing-Based Swap (SBS) Dealers and Major Wellbeing-Based Swap Participants will not provide a basis for a Fee enforcement action. The proclamation also addresses the Fee’s spot on the ability of parties to wellbeing-based swaps to rely on written representations earlier provided in family member to swaps, also for a limited time period.     

The Fee’s proclamation is projected to lessen the makings market disruptions to void counterparty relationships ensuing solely from citations implementation issues that may arise when wellbeing-based swap dealers and major wellbeing-based swap participants are vital to catalog with the Fee. Upon registration with the Fee, entities that are also registered with the Commodity Futures Trading Fee (CFTC) will be vital to comply with both the Fee’s Affair Conduct Values as well as analogous rules adopted by the Commodity Futures Trading Fee in 2012 applicable to swap dealers and major swap participants.  

“Today’s proclamation reflects the finale of outreach by Fee staff, and their counterparts at the Commodity Futures Trading Fee, regular with the agencies’ shared stanchness to achieving greater coordination of Title VII rules,” said Chairman Jay Clayton. “Market participants have raised concerns about citations implementation issues that may arise when SBS Entities are registered with both the Fee and the CFTC, and today’s proclamation is projected to provide those market participants apt time to assess and update their citations.”

*  *  *

FACT SHEET

Fee Proclamation on Certain Provisions of Affair Conduct Values for Wellbeing-Based Swap Dealers and Major Wellbeing-Based Swap Participants 

Oct. 31, 2018
 

Action

The Fee is issuing a proclamation setting forth the Fee’s spot, for a limited time period, that certain actions with respect to point provisions of the SEC’s affair conduct values for wellbeing-based swap dealers and major wellbeing-based swap participants will not provide a basis for a Fee enforcement action.  

Social class

In 2012 the U.S. Commodity Futures Trading Fee (CFTC) adopted affair conduct rules for swap dealers and major swap participants (CFTC’s Affair Conduct Rules).[1]To help the swaps diligence in implementing and complying with the CFTC’s Affair Conduct Rules, diligence participants urban even counterparty link citations that has been in force since 2012, and is now used by over 22,000 counterparties.[2]  

In 2016, pursuant to Section 15F of the Securities Chat Act of 1934 (Chat Act), the Fee adopted final rules grand affair conduct values (the SEC’s Affair Conduct Rules) for wellbeing-based swap dealers (SBS Dealers) and major wellbeing-based swap participants (Major SBS Participants and, collectively with SBS Dealers, SBS Entities).[3]As noted in the Fee’s Adopting Release, the Fee endeavored to normalize its rules with analogous CFTC equipment where doable to make efficiencies for entities that have already customary infrastructure for falling in line with analogous CFTC equipment.[4]In certain instances, but, the Fee’s equipment, and the linked representations that would be vital under even counterparty link citations, diverge from those of the analogous CFTC equipment, which are reflected in void even counterparty link citations. Market participants have articulated concerns about matter-of-fact falling in line difficulties open by certain of these differences.    

The Fee is mindful of the time and costs that may be linked with a citations initiative that would be undertaken solely to address the SEC’s Affair Conduct Rules. Consequently, to lessen the makings market disruptions to void counterparty relationships ensuing solely from citations implementation issues (upon their falling in line date when falling in line will first be vital), for a limited time period, the proclamation provides that certain actions with respect to point provisions of the SEC’s Affair Conduct Rules will not provide a basis for a Fee enforcement action.

To the extent there are bonus differences between the CFTC’s Affair Conduct Rules and the SEC’s Affair Conduct Rules that if not present citations implementation difficulties that could result in the makings for market disruption, the Fee encourages market participants to provide that in rank to the Fee.

Highlights

Time limitation. The Proclamation applies only until five years after the falling in line date for SBS Entity Registration rules.

Unnatural Rule Provisions. The Proclamation addresses certain equipment in the SEC’s Affair Conduct Rules. These equipment fall into three broad categories, two a propos “special entities,” and one applying to written representations commonly:

  • The means by which non-ERISA worker benefit plans may elect to be treated as a “special entity” by SBS Entities, a status that entitles the entity to finely tuned protections
  • Certain written representations that are vital to be exchanged by and among SBS Entities, counterparties, and, as applicable, certified self-determining representatives of some special entities  
  • Written representations from a counterparty or expressive that were earlier provided to an SBS Dealer in family member to swaps if the SBS Dealer is not aware of in rank that would cause a evenhanded person to inquiry the suitability of the submission if the submission were given in family member to wellbeing-based swaps

[1]           Affair Conduct Values for Swap Dealers and Major Swap Participants with Counterparties, 77 FR 9734 (Feb. 17, 2012).

[2]           See Global Swaps and Derivatives Friendship, Inc. (“ISDA”) DF Protocol, List of Adhering Parties, void athttps://www.isda.org/protocol/isda-august-2012-df-protocol/adhering-parties.

[3]           Affair Conduct Values for Wellbeing-Based Swap Dealers and Major Wellbeing-Based Swap Participants, 81 FR 29960 (May 13, 2016) (“Adopting Release”). Even if the rules are now commanding, the Fee single-minded not to require falling in line with them until entities are vital to catalog as SBS Dealers or Major SBS Participants. See id. at 30081.

[4]           Id. at 29964.  

SEC.gov Updates: Press Releases – https://www.sec.gov/news/press-release/2018-249

SEC Adopts Rules to Modernize Property Disclosures Required for Mining Registrants

Banking News – SEC Adopts Rules to Bring up to date Material goods Disclosures Vital for Mining Registrants
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The Securities and Chat Fee today announced that it has voted to adopt amendments to bring up to date the material goods leak equipment for mining registrants, and related guidance, under the Securities Act of 1933 and the Securities Chat Act of 1934.  The amendments will provide investors with a more wide-ranging appreciative of a registrant’s mining properties, which should help them make more well-informed investment decisions.  The amendments also will more closely align the Fee’s leak equipment and policies for mining properties with current diligence and global dictatorial practices and values. 

Under the final rules, a registrant with notes mining operations must release individual in rank in its Securities Act and Chat Act filings as regards its mineral assets, in addendum to its mineral capital.  Current Fee rules and guidance permit the leak of non-reserve estimates only in limited circumstances.  Requiring the leak of mineral assets in addendum to mineral capital will provide investors with vital in rank as regards the registrant’s operations and prospects.

“The final rules will bring up to date the Fee’s mining material goods leak regime by humanizing the quality and reliability of in rank provided to investors and by corresponding disclosures with global values, counting removing the restriction on leak of mineral store estimates that may have placed U.S. registrants and investors at a drawback,” said SEC Chairman Jay Clayton.  “We be thankful for the vital input that we have expected from a diverse group of attracted parties that helped inform the Fee and shape the final rules.”

The final rules include several other equipment calculated to further the safeguard and appreciative of investors.  The final rules also reflect a number of changes to the rules projected in June 2016 in response to commenters.

The final rules provide a two-year transition period so that a registrant will not be vital to start to comply with the new rules until its first fiscal year admittance on or after Jan. 1, 2021.

*   *   *

FACT SHEET

Rebuilding of Material goods Disclosures for Mining Registrants

Action

The Fee has adopted amendments to bring up to date the material goods leak equipment for mining registrants, and related guidance, under the Securities Act of 1933 and the Securities Chat Act of 1934.  The amendments more closely align the Fee’s leak equipment and policies for mining properties with current diligence and global dictatorial practices and values.  In addendum, the amendments rescind Diligence Guide 7 and merge the leak equipment for registrants with notes mining operations in a new subpart of Parameter S-K. 

These amendments are projected to provide investors with a more wide-ranging appreciative of a registrant’s mining properties, which should help them make more well-informed investment decisions.

Highlights of the Final Rules

Under the final rule amendments, as projected and regular with global values as in notes form by the Group for Capital Global Exposure Values (“CRIRSCO”), a registrant with notes mining operations must release individual in rank in its Securities Act and Chat Act filings as regards mineral assets that have been single-minded on one or more of its properties.  Current Fee rules and guidance permit the leak of non-reserve estimates, such as mineral assets, only in limited circumstances.  Requiring the leak of mineral assets in addendum to mineral capital will provide investors with vital in rank as regards the registrant’s operations and prospects.  

Also as projected, and regular with the CRIRSCO values, the final rule amendments require a registrant’s leak of exploration results, mineral assets, or mineral capital in Fee filings to be based on and accurately reflect in rank and at the bottom of citations set by a mining expert–the “certified person.”  This condition will further the safeguard of investors by helping to foster proper risk assessment and leak, which is key to an shareholder’s appreciative of each stage of a mining project.

As projected, the final rule amendments require a registrant to obtain a dated and signed technological report summary from the certified person or persons, which identifies and summarizes the in rank reviewed and conclusions reached by each certified person about the registrant’s mineral assets or mineral capital single-minded to be on each notes material goods.  A registrant must file the technological report summary as an exhibit to the noteworthy Fee filing when disclosing mineral capital or mineral assets for the first time or when there is a notes change in the mineral capital or mineral assets from the last technological report summary filed for the material goods.  The technological report summary filing condition will not only help ensure that the registrant’s leak in the Fee filing is right and dependable, but also will enhance shareholder appreciative of a registrant’s notes mining properties.

Principal Changes from the Projected Rules 

The final rule amendments include a number of changes to the projected rules in response to commenters.  These changes would more closely align the Fee’s mining material goods leak equipment with the CRIRSCO values and thereby help fall, relation to the projected rules, the falling in line burden and costs for the many registrants that are subject to one or more of the CRIRSCO-based codes, while preserving vital shareholder protections.  For example, among the changes, the final rules:

  • Require a certified person to use a price for each commodity that provides a evenhanded basis for establishing estimates of mineral assets or mineral capital, which may be a past or forward-looking price, as long as the certified person discloses and clarifies his or her reasons for using the elected price, counting the notes assumptions underlying the choice
  • Provide that a certified person will not be subject to expert liability under Section 11 of the Securities Act for certain aspects of individual modifying factors outside the expertise of the certified person that are based on in rank provided by the registrant and are discussed in the technological report summary or other parts of the registration proclamation
  • Eliminate the projected quantitative presumptions a propos when a registrant’s mining operations, and when a change in earlier reported estimates of mineral assets or mineral capital, are deemed to be notes
  • Eliminate the projected summary leak provision requiring point items of in rank in tabular format about a registrant’s top 20 properties and, instead, adopt a more doctrine-based deal with by requiring the registrant to provide investors with an overview of its properties and mining operations
  • Reduce the number of summary and party material goods leak provisions requiring tables from seven, as projected, to two, and permit other vital leak to be in either narrative or tabular format
  • Permit, but not require, a registrant to file a technological report summary to support its leak of exploration results
  • Permit the leak of exploration targets in Fee filings if accompanied by certain individual advisory and explanatory statements
  • Permit a certified person to set up mineral assets and capital at any point point of allusion, which must be told in the technological report summary, rather than at three points of allusion
  • Permit a certified person to include lesser assets in an fiscal breakdown that the certified person opts to include in an initial assessment as long as certain circumstances are met
  • Define “mineral reserve” to include diluting equipment and allowances for losses that may occur when the notes is mined or extracted
  • Permit a certified person to conduct either a pre-feasibility or final feasibility study to support a determination of mineral capital even in high risk situations
  • Permit the use of past estimates of mineral assets or capital in Fee filings pertaining to mergers, acquisitions, or affair combinations if the registrant is unable to update the assess prior to the completion of the noteworthy transaction, provided that the registrant discloses the source and date of the assess, and does not treat the assess as a current assess
  • Permit a registrant holding a royalty or similar appeal to omit any in rank vital under the summary and party material goods leak provisions to which it lacks access and which it cannot obtain without incurring an unjust burden or expense

The final rules also clarify that a third-party firm, which employs a certified person, may sign the technological report summary and provide the written consent vital for an expert under the Securities Act.

Falling in line Date

The Fee adopted a two-year transition period so that a registrant will not start to comply with the new rules until its first fiscal year admittance on or after Jan. 1, 2021.  A registrant may voluntarily comply with the new rules prior to the falling in line date, subject to the Fee’s completion of de rigueur EDGAR reprogramming changes.  Guide 7 would remain commanding until all registrants are vital to comply with the final rules, at which time Guide 7 would be rescinded.

SEC.gov Updates: Press Releases – https://www.sec.gov/news/press-release/2018-248

Fed to ease rules for smaller US banks

Banking News – Fed to ease rules for smaller US banks
&nbspRegional lenders will get relief on stress tests and liquidity coverage ratio
FT.com – Banks – https://www.ft.com/content/afafa82e-dd16-11e8-8f50-cbae5495d92b

SEC Updates List of Firms Using Inaccurate Information to Solicit Investors

Banking News – SEC Updates List of Firms Using Inaccurate In rank to Solicit Investors
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The Securities and Chat Fee today announced that it has updated its list of unregistered entities that use ambiguous in rank to solicit primarily non-U.S. investors, adding 16 soliciting entities, four impersonators of genuine firms, and eight bogus regulators. The SEC also made technological updates to its list to make it simpler for retail investors to search and obtain in rank about unregistered entities.  The update to the list consolidates the active and archived lists.

The SEC’s list of soliciting entities that have been the subject of shareholder complaints, known as the Public Alert: Unregistered Soliciting Entities (PAUSE) list, enables investors to better inform themselves and avoid being a victim of fraud. The latest additions are firms that SEC staff found were as long as inaccurate in rank about their connection, place, or registration. Under U.S. securities laws, firms that solicit investors commonly are vital to catalog with the SEC and meet minimum fiscal values and leak, exposure, and recordkeeping equipment. 

“Today’s updates to the PAUSE list are part of the agency’s long-lasting effort to help investors protect themselves and be better well-informed when making investment decisions,” said Jennifer Diamantis, Chief of the SEC’s Office of Market Acumen.

In addendum to alerting investors to firms falsely claiming to be registered, the PAUSE list flags those impersonating registered securities firms and bogus “regulators” who falsely claim to be regime agencies or affiliates.  Inclusion on the PAUSE list does not mean the SEC has found violations of U.S. federal securities laws or made a discrimination about the merits of any securities being offered.

The PAUSE list is periodically updated by the SEC’s Office of Market Acumen in coordination with the Office of Shareholder Culture and Promotion and the Office of Global Affairs.

How to protect physically:

Check the social class of anyone selling you an investment.

Learn more about scams targeting Main Street investors, counting:

Watch out for fake claims about SEC and CFTC endorsements

Visit Shareholder.gov for tips on investing wisely and avoiding fraud.

SEC.gov Updates: Press Releases – https://www.sec.gov/news/press-release/2018-247

2018 Tax Moves to Make Before the Holidays Arrive

Private Finance – 2018 Tax Moves to Make Before the Holidays Arrive
 Before you even end polishing off the last of the surplus Halloween candy, there’s a touch else you should do that could save you money: Take care of some tax affair.
Kiplinger Private Finance – https://www.kiplinger.com/article/taxes/T055-C032-S014-2018-tax-moves-to-try-before-the-holidays-arrive.html

2018 Tax Moves to Make Before the Holidays Arrive

Private Finance – 2018 Tax Moves to Make Before the Holidays Arrive
 Before you even end polishing off the last of the surplus Halloween candy, there’s a touch else you should do that could save you money: Take care of some tax affair.
Kiplinger Private Finance – https://www.kiplinger.com/article/taxes/T055-C032-S014-2018-tax-moves-to-try-before-the-holidays-arrive.html