View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

Minutes of the Financial Stability Oversight Council
Held September 10, 2013
PRESENT:
Jacob J. Lew, Secretary of the Treasury and Chairperson of the Financial Stability
Oversight Council (Council)
Ben Bernanke, Chairman, Board of Governors of the Federal Reserve System (Federal Reserve)
Martin J. Gruenberg, Chairperson, Federal Deposit Insurance Corporation (FDIC)
Mary Jo White, Chair, Securities and Exchange Commission (SEC)
Gary Gensler, Chairman, Commodity Futures Trading Commission (CFTC)
Richard Cordray, Director, Consumer Financial Protection Bureau (CFPB)
Edward DeMarco, Acting Director, Federal Housing Finance Agency (FHFA)
Debbie Matz, Chairman, National Credit Union Administration (NCUA)
Thomas J. Curry, Comptroller of the Currency, Office of the Comptroller of the Currency (OCC)
Roy Woodall, Independent Member with Insurance Expertise
Richard Berner, Director, Office of Financial Research, Department of the Treasury (non-voting
member)
Michael McRaith, Director, Federal Insurance Office, Department of the Treasury (non-voting
member)
John P. Ducrest, Commissioner, Louisiana Office of Financial Institutions (non-voting member)
John Huff, Director, Missouri Department of Insurance, Financial Institutions, and Professional
Registration (non-voting member)
David Massey, Deputy Securities Administrator, North Carolina Department of the Secretary of
State, Securities Division (non-voting member)
GUESTS:
Department of the Treasury
Mary J. Miller, Acting Deputy Secretary and Under Secretary for Domestic Finance
Christopher J. Meade, General Counsel
Amias Gerety, Deputy Assistant Secretary for FSOC
Patrick Pinschmidt, Executive Director of the Council
Board of Governors of the Federal Reserve System
Daniel K. Tarullo, Governor
Scott Alvarez, General Counsel
Federal Deposit Insurance Corporation
Jason Cave, Deputy Director for Complex Financial Institutions Monitoring
Securities and Exchange Commission
Jennifer B. McHugh, Senior Advisor to the Chair
Commodity Futures Trading Commission
Eric Juzenas, Chief Operating Officer and Senior Counsel
1

Consumer Financial Protection Bureau
Steve Antonakes, Deputy Director
Federal Housing Finance Agency
Mario Ugoletti, Special Advisor to the Director
National Credit Union Administration
John Worth, Chief Economist
Office of the Comptroller of the Currency
John Lyons, Senior Deputy Comptroller and Chief National Bank Examiner
Office of the Independent Member with Insurance Expertise
Chris Ledoux, Senior Advisor
Federal Reserve Bank of New York
William Dudley, President and Chief Executive Officer (participating by phone)
Office of Financial Research
Matthew Reed, Chief Counsel
Federal Insurance Office
John Nolan, Deputy Director (Financial Stability)
Louisiana Office of Financial Institutions
James Cooper, Senior Vice President, Conference of State Bank Supervisors
Missouri Department of Insurance, Financial Institutions, and Professional Registration
Mark Sagat, Counsel and Manager, Financial Policy and Legislation, National Association of
Insurance Commissioners
North Carolina Department of the Secretary of the State, Securities Division
Rick Fleming, Deputy General Counsel, North American Securities Administrators Association
PRESENTERS:
Nonbank Financial Company Designations
• John Nolan, Deputy Director (Financial Stability), Federal Insurance Office,
Treasury
• Patrick Pinschmidt, Executive Director of the Council, Treasury
• George Sacco, Senior Analyst, FHFA
• Eric Froman, Deputy Assistant General Counsel for FSOC, Treasury
Asset Management Study
• Richard Berner, Director, Office of Financial Research, Treasury

2

•

Greg Feldberg, Senior Advisor to the Chief of Analytical Strategy, Office of Financial
Research, Treasury

Nasdaq Trading Halt
• Mary Jo White, Chair, SEC
• John Ramsay, Acting Director, Division of Trading and Markets, SEC
Fiscal Developments Update
• Jacob J. Lew, Secretary of the Treasury and Chairperson of the Council
Fiscal Year 2014 Council Budget
• Amias Gerety, Deputy Assistant Secretary for FSOC, Treasury
Executive Session
The Chairperson called the executive session of the meeting of the Council to order at
approximately 1:07 P.M. (EDT). He then outlined the meeting agenda, which had been
previously distributed to the members together with copies of the resolutions and other materials.
The agenda for the meeting included the following subjects: (1) nonbank financial company
designations; (2) a presentation on an asset management study; (3) an update on the Nasdaq
trading halt; (4) fiscal developments; (5) the Council’s fiscal year 2014 budget; and
(6) consideration of, and a vote on, a resolution approving the minutes of the Council’s meeting
on July 16, 2013.
1. Nonbank Financial Company Designations
The Chairperson introduced the first agenda item regarding nonbank financial company
designations. He called on John Nolan, Deputy Director (Financial Stability) of the Federal
Insurance Office at Treasury, to give a presentation on the ongoing review of a nonbank financial
company subject to a proposed designation. Patrick Pinschmidt, Executive Director of the
Council at Treasury; George Sacco, Senior Analyst at the FHFA; and Eric Froman, Deputy
Assistant General Counsel for FSOC at Treasury, were available to answer questions. Mr. Nolan
also provided an overview of certain additional analyses that had been conducted by staff of the
Council and its members, including with regard to the information and arguments that had been
presented by the company. After the presentation, members of the Council asked questions and
had a discussion. Mary Jo White, Chair of the SEC, recused herself from participating in this
discussion. During the discussion, certain members of the Council provided written views
differing from the staff analysis of the company.
The Chairperson announced that a notational vote on a resolution approving a final designation
regarding the nonbank financial company would occur in the coming days.
The Chairperson then called on Michael McRaith, Director of the Federal Insurance Office at
Treasury, to discuss the International Association of Insurance Supervisors’ process for the
designation of global systemically important insurers. Council members then asked questions
and had a discussion.
3

2. Asset Management Study
The Chairperson then introduced the next agenda item, which was a presentation on the Office of
Financial Research’s study entitled Asset Management and Financial Stability. He asked
Richard Berner, Director of the Office of Financial Research at Treasury, to give a presentation.
Greg Feldberg, Senior Advisor to the Chief of Analytical Strategy for the Office of Financial
Research at Treasury, was available to answer questions. Director Berner gave a presentation on
the report. Director Berner provided a brief overview of the asset management industry and an
analysis of how asset management firms and the activities in which they engage can introduce
vulnerabilities that could pose, amplify, or transmit threats to financial stability. After the
presentation, members of the Council asked questions and had a discussion.
3. Nasdaq Trading Halt
The Chairperson turned to the next agenda item, regarding an update on the Nasdaq trading halt
on August 22, 2013, and asked Mary Jo White, Chair of the SEC, to give the presentation. John
Ramsay, Acting Director of the Division of Trading and Markets at the SEC, was available to
answer questions. Chair White gave a presentation on the Nasdaq trading halt. Following the
presentation, members of the Council asked questions and had a discussion.
4. Fiscal Developments Update
The Chairperson then provided the Council with an update on the debt limit. After the
Chairperson’s presentation, members of the Council asked questions and had a discussion.
5. The Council’s Fiscal Year 2014 Budget
The Chairperson next introduced the agenda item regarding the Council’s fiscal year 2014
budget. He called on Amias Gerety, Deputy Assistant Secretary for FSOC at Treasury, to give a
presentation. Mr. Gerety reported on the Council’s proposed budget for fiscal year 2014. The
fiscal year 2014 budget, which includes expenses of the FSOC Secretariat, the Office of the
Independent Member with Insurance Expertise, and the reimbursement of certain
implementation expenses of the FDIC relating to its responsibilities under Title II of the DoddFrank Wall Street Reform and Consumer Protection Act, totals $19.3 million, including $11.6
million of estimated expenses for FDIC reimbursements. Mr. Gerety noted that the Council’s
fiscal year 2013 actual expenses were forecasted to be $3.6 million under budget. Following the
presentation, members of the Council asked questions and had a discussion. The Chairperson
then presented to the Council the following resolution approving the Council’s budget for fiscal
year 2014.
“BE IT RESOLVED, by the Financial Stability Oversight Council (the “Council”), that the
Council’s budget for fiscal year 2014 attached hereto is hereby approved.”
The Chairperson asked for a motion to approve the resolution, which was made and seconded.
The Council approved the resolution by unanimous vote.

4

6. Other Business
The Chairperson then noted the potential for the Council to ratify certain of its previous actions.
He called on Christopher J. Meade, General Counsel of the Treasury Department, to give a
presentation with respect to ratification. Following the presentation, members of the Council
asked questions and had a discussion.
7. Resolution Approving the Minutes of the Meeting held on July 16, 2013
“BE IT RESOLVED, by the Financial Stability Oversight Council (the “Council”), that the
minutes attached hereto of the meeting held on July 16, 2013 of the Council are hereby
approved.”
The Chairperson asked for a motion to approve the resolution, which was made and seconded.
The Council approved the resolution by unanimous vote.
The Chairperson adjourned the meeting at approximately 3:00 P.M. (EDT).

5