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Home > News & Events > Press Releases

Press Release
October 11, 2011

Federal Reserve Board seeks comment on
proposal to implement "Volcker Rule"
requirements of the Dodd-Frank Act
For immediate release
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The Federal Reserve Board on Tuesday requested public comment on a
proposed regulation implementing the so-called "Volcker Rule"
requirements of section 619 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act. Section 619 generally contains two
prohibitions. First, it prohibits insured depository institutions, bank
holding companies, and their subsidiaries or affiliates (banking entities)
from engaging in short-term proprietary trading of any security,
derivative, and certain other financial instruments for a banking entity's
own account, subject to certain exemptions. Second, it prohibits owning,
sponsoring, or having certain relationships with, a hedge fund or private
equity fund, subject to certain exemptions.
The act also prohibits banking entities from engaging in an exempted
transaction or activity if it would involve or result in a material conflict of
interest between the banking entity and its clients, customers, or
counterparties, or that would result in a material exposure to high-risk
assets or trading strategies, in each case as defined by the rule. The act
similarly prohibits banking entities from engaging in an exempted
transaction or activity if it would pose a threat to the safety and
soundness of the banking entity or to the financial stability of the United
States.
The proposal, which was developed jointly with the Federal Deposit

Insurance Corporation, the Office of the Comptroller of the Currency, the
Securities and Exchange Commission, and the Commodity Futures
Trading Commission, clarifies the scope of the act's prohibitions and,
consistent with statutory authority, provides certain exemptions to these
prohibitions. It is anticipated these agencies will issue a comparable
proposal today or in the near future.
Transactions in certain instruments, including obligations of the U.S.
government or a U.S. government agency, the government-sponsored
enterprises, and state and local governments, are exempt from the
statute's prohibitions. Consistent with the statute, other activities
exempted include market making, underwriting, and risk-mitigating
hedging. The statute also permits banking entities to organize, offer, and
invest in a hedge fund or private equity fund subject to a number of
conditions.
The proposed rule would require banking entities that engage in these
activities to establish an internal compliance program that is designed to
ensure and monitor compliance with the statute's prohibitions and
restrictions, and implementing regulations. The proposed rule provides
commentary intended to assist banking entities in distinguishing
permitted market making-related activities from prohibited proprietary
trading activities.
The proposal also requires banking entities with significant trading
operations to report to the appropriate federal supervisory agency
certain quantitative measurements designed to assist the federal
supervisory agencies and banking entities in identifying prohibited
proprietary trading in the context of certain exempt activities and
identifying high-risk assets or trading strategies. It also includes a
number of elements intended to reduce the burden of the proposal on
smaller, less-complex banking entities. For example, the proposal limits
the extent to which smaller banking entities are required to report
quantitative measurements.
Comments on the proposal will be received through January 13, 2012.
For media inquiries, call 202-452-2955.

Comments: Submit | View
Federal Register notice

Last Update: October 11, 2011

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