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7/26/24, 4:41 PM

FRB: Press Release - - Request for comment on statement concerning complex structured finance activities - - May 14, 2004

Joint Press Release

Board of Governors of the Federal Reserve System
Federal Deposit Insurance Corporation
Office of the Comptroller of the Currency
Office of Thrift Supervision
Securities and Exchange Commission

For Immediate Release

May 14, 2004

Agencies Request Comment on Statement Concerning Complex Structured Finance
Activities
Five federal agencies today requested public comment (78 KB PDF) on a proposed
statement describing internal controls and risk management procedures that the agencies
believe will assist financial institutions that engage in complex structured finance activities
to identify and address the risks associated with such transactions.
As recent events have highlighted, a financial institution may assume substantial
reputational and legal risk if the institution enters into a complex structured finance
transaction with a customer and the customer uses the transaction to circumvent regulatory
or financial reporting requirements, evade tax liabilities, or further other illegal or improper
behavior.
The interagency statement describes the types of internal controls and risk management
procedures that should help financial institutions effectively manage and address the
reputational, legal and other risks associated with their complex structured finance activities
and operate in accordance with applicable law. The statement, among other things, provides
that financial institutions engaged in complex structured finance activities should have
effective policies and procedures in place to:
Identify those complex structured finance transactions that may involve heightened
reputational and legal risk;
Ensure that these transactions receive enhanced scrutiny by the institution; and
Ensure that the institution does not participate in illegal or inappropriate transactions.
The statement also emphasizes the critical role of an institution's board of directors and
senior management in establishing a corporate-wide culture that fosters integrity,
compliance with the law, and overall good business ethics.
The proposed statement was issued by the Securities and Exchange Commission, Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the
Office of the Comptroller of the Currency and the Office of Thrift Supervision. The
statement would represent supervisory guidance for institutions supervised by the four
banking agencies and a policy statement for institutions supervised by the Securities and
Exchange Commission.
Comment on the interagency statement is requested within thirty days of publication in the
Federal Register, expected shortly. The statement is attached.
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https://www.federalreserve.gov/boarddocs/press/bcreg/2004/20040514/default.htm

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7/26/24, 4:41 PM

FRB: Press Release - - Request for comment on statement concerning complex structured finance activities - - May 14, 2004

Federal Register Notice (78 KB PDF)
Media Contacts:
Federal Reserve Dave Skidmore 202-452-2955
FDIC
David Barr
202-898-6992
SEC
John Heine
202-942-0022
OCC
OTS

Kevin Mukri 202-874-5770
Erin Hickman 202-906-6677

2004 Banking and consumer regulatory policy
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Last update: May 14, 2004

https://www.federalreserve.gov/boarddocs/press/bcreg/2004/20040514/default.htm

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