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7/25/24, 10:14 AM

FRB: Press Release -- Final rule on merchant banking activities for FHCs -- January 10, 2001

Board of Governors of the Federal Reserve System
U.S. Department of the Treasury

FOR IMMEDIATE RELEASE
January 10, 2001

FEDERAL RESERVE AND TREASURY DEPARTMENT ANNOUNCE
FINAL RULE ON MERCHANT BANKING ACTIVITIES
The Board of Governors of the Federal Reserve System and the Secretary of the Treasury
today approved a joint final rule governing the merchant banking activities of financial
holding companies.
The rule, effective February 15, 2001, implements provisions of the Gramm-Leach-Bliley
Act. The Board and Secretary believe it permits a "two-way street" between securities firms
and banking organizations while, at the same time, giving effect to the statutory limitations
and framework adopted by Congress to help maintain the separation of banking and
commerce and ensure the safety and soundness of depository institutions.
The final rule incorporates a number of amendments in response to public comments on the
interim rule issued March 17, 2000. These changes include:
Modifying the provisions defining when a financial holding company routinely
manages or operates a portfolio company.
Eliminating the dollar-based threshold for the review of a financial holding company's
merchant banking activities and adopting a sunset provision for the remaining capitalbased investment threshold.
Streamlining the rule's reporting and recordkeeping requirements.
Broadening the definition of "private equity funds" and clarifying the rule's
application to such funds.
Modifying when transactions between insured depository institutions and portfolio
companies are subject to sections 23A and 23B of the Federal Reserve Act.
Revising the restrictions that apply to merchant banking investments held beyond the
permissible holding period.
Expanding the definition of "securities affiliate" to include a department or division of
a bank registered as a municipal securities dealer.
The joint notice is attached (156 KB PDF).

Media Contacts:
Federal Reserve: Dave Skidmore (202) 452-2955
Treasury
Bill Buck
(202) 622-2960
2001 Banking and consumer regulatory policy
https://www.federalreserve.gov/boarddocs/press/boardacts/2001/20010110/default.htm

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7/25/24, 10:14 AM

FRB: Press Release -- Final rule on merchant banking activities for FHCs -- January 10, 2001

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