Volcker Rule: Federal Banking Agencies, SEC and CFTC Approve Final Rule to Exclude Certain Smaller Institutions from Banking Entity Status and Modify Fund Name-Sharing Restrictions, Conforming to the Economic Growth, Regulatory Relief, and Consumer Protection Act

Sullivan & Cromwell LLP - July 10, 2019
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On July 9, 2019, the agencies responsible for implementing and enforcing Section 13 of the Bank Holding Company Act of 1956, commonly referred to as the “Volcker Rule,” released final rules adopting their previously published proposals to amend the regulations implementing the Volcker Rule in a manner consistent with Sections 203 and 204 of the Economic Growth, Regulatory Relief, and Consumer Protection Act.  Under the amended regulations, institutions that have total consolidated assets equal to $10 billion or less and total trading assets and liabilities equal to five percent or less of total consolidated assets are excluded from the definition of “insured depository institution,” and therefore generally are excluded from the scope of “banking entities” that are subject to the Volcker Rule.  In addition, the amendments modify the restrictions on the sharing of a name (or variation of the same name) between a banking entity and a covered fund so as to permit a banking entity that serves as an investment adviser for a fund to share a name with that fund, subject to certain conditions.