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Mandatory Contractual Stay Requirements for Qualified Financial Contracts

banking-occ · OCC · Rule · Published 2017-11-29 · Effective 2018-01-01 · 82 FR 56630

Document

Document number
2017-25529
Federal Register citation
82 FR 56630
CFR reference
12 CFR 3
Type
Rule
Action
Final rule.
Category
banking-occ
Sub-agency
OCC
Publication date
2017-11-29
Effective date
2018-01-01
Treasury docket
Docket ID OCC-2016-0009

Abstract

The OCC is adopting a final rule that adds a new part to its rules to enhance the resilience and the safety and soundness of federally chartered and licensed financial institutions by addressing concerns relating to the exercise of default rights of certain financial contracts that could interfere with the orderly resolution of certain systemically important financial firms. Under the final rule, a covered bank is required to ensure that a covered qualified financial contract contains a contractual stay-and-transfer provision analogous to the statutory stay-and-transfer provision imposed under Title II of the Dodd-Frank, Wall Street Reform and Consumer Protection Act and in the Federal Deposit Insurance Act, and limits the exercise of default rights based on the insolvency of an affiliate of the covered bank. In addition, this final rule makes conforming amendments to the Capital Adequacy Standards and the Liquidity Risk Measurement Standards in its regulations. The requirements of this final rule are substantively identical to those adopted in the final rules issued by the Board of Governors of the Federal Reserve System and by the Federal Deposit Insurance Corporation.

Source

Authoritative
Federal Register document
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