View original document

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

The Financial Stability Oversight Council unanimously approved the attached resolution by
notational vote on August 19, 2014.

RESOLUTION APPROVING THE COMPLETION OF THE EVIDENTIARY RECORD
REGARDING A NONBANK FINANCIAL COMPANY

WHEREAS, section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(the “DFA”) authorizes the Financial Stability Oversight Council (the “Council”) to determine
that a nonbank financial company shall be supervised by the Board of Governors of the Federal
Reserve System (the “Federal Reserve”) and shall be subject to enhanced prudential standards if
the Council determines that material financial distress at the nonbank financial company, or the
nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the
nonbank financial company, could pose a threat to the financial stability of the United States; and

WHEREAS, the Council issued a final rule and accompanying interpretive guidance (the “Rule
and Guidance”), codified at 12 C.F.R. Part 1310, that describes the criteria and the processes and
procedures by which the Council will determine that a nonbank financial company shall be
supervised by the Federal Reserve and shall be subject to enhanced prudential standards under
the DFA; and

WHEREAS, the Rule and Guidance describes a three-stage process that the Council expects to
use for evaluating a nonbank financial company prior to a Council vote on a proposed
determination; and

WHEREAS, the staffs of the Council Members and their Agencies have evaluated a nonbank
financial company that the Council previously advanced to stage 3, in accordance with the DFA
and the Rule and Guidance; and

WHEREAS, in stage 3, the Council provided the nonbank financial company an opportunity to
submit written materials to the Council to contest the Council’s consideration of the nonbank
financial company for a proposed determination, and the Office of Financial Research, on behalf
of the Council, requested the submission of information about the nonbank financial company to
assist in the Council’s analysis; and

WHEREAS, the nonbank financial company submitted written materials and information to the
Council and the Office of Financial Research, and the staffs of the Council Members and their
Agencies have analyzed such materials and information; and

WHEREAS, the staffs of the Council Members and their Agencies recommend that the Council
deem its evidentiary record regarding the nonbank financial company to be complete, in
accordance with the Rule and Guidance (12 C.F.R. § 1310.21(a)(3)).

NOW, THEREFORE, BE IT RESOLVED, that the Council hereby deems its evidentiary record
regarding a nonbank financial company (identified in an attachment hereto) to be complete in
accordance with the Rule and Guidance (12 C.F.R. § 1310.21(a)(3)).

BE IT FURTHER RESOLVED, that the Council hereby approves the attached notification letter
regarding the completion of the evidentiary record and authorizes the letter to be sent to the
nonbank financial company identified in the attachment hereto.

BE IT FURTHER RESOLVED, that the Council hereby delegates authority to the Chairperson,
or his designee, to make technical, nonsubstantive, or conforming changes to the text of the
attached notification letter.