Qualified Financial Contracts Recordkeeping Related to Orderly Liquidation Authority
other · Treasury · Rule · Published 2016-10-31 · Effective 2016-12-30 · 81 FR 75624
Document
Document number
2016-25329
Federal Register citation
81 FR 75624
CFR reference
31 CFR 148
Type
Rule
Action
Final rule.
Category
other
Sub-agency
Treasury
Publication date
2016-10-31
Effective date
2016-12-30
Abstract
The Secretary of the Treasury (the "Secretary"), as Chairperson of the Financial Stability Oversight Council (the "Council"), is adopting final rules (the "Final Rules") in consultation with the Federal Deposit Insurance Corporation (the "FDIC") to implement the qualified financial contract ("QFC") recordkeeping requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act" or the "Act"). The Final Rules require recordkeeping with respect to positions, counterparties, legal documentation, and collateral. This information is necessary and appropriate to assist the FDIC as receiver to: Fulfill its obligations under the Dodd-Frank Act in deciding whether to transfer QFCs; assess the consequences of decisions to transfer, disaffirm or repudiate, or allow the termination of, QFCs with one or more counterparties; determine if any risks to financial stability are posed by the transfer, disaffirmance or repudiation, or termination of such QFCs; and otherwise exercise its rights under the Act and fulfill its obligations under sections 210(c)(8), (9), or (10) of the Act.