BANKING KNOWLEDGE BOOK
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Implications of the Volcker Rule for Foreign Banking Entities
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Therefore, a purchase or sale of a financial instrument that is held for more than 60 days does not necessarily mean that it is not for the trading account of a banking entity. Since the U. Although there are limited exemptions to the broad ban on proprietary trading for banking entities, for foreign entities, the Agencies have crafted two important exemptions that help mitigate the extraterritorial effects of the proprietary trading prohibition.
Foreign Sovereign Debt Exemption The proprietary trading prohibition does not apply to financial instruments that are sovereign debt obligations including debt obligations of multinational central banks, such as the European Central Bank, of which the foreign sovereign is a member , including obligations of agencies and political subdivisions of that sovereign, in cases in which: the banking entity is organized or is controlled by an entity organized under the laws of the foreign sovereign, and is not directly or indirectly controlled by a top-tier banking entity organized in the United States; the financial instrument is an obligation of such a foreign sovereign; and the purchase or sale is not made by an insured depository institution.
A similar exemption is afforded to a foreign entity that is a foreign bank or regulated by the foreign sovereign as a securities dealer, even if controlled by a top-tier U. The Agencies noted, however, with respect to this exemption, that they intend to monitor activity of banking entities to ensure that U. The foregoing exemption provides a weak parallel to the full exemption under the U.
The final version of this exemption significantly expands on the exemption that had been proposed and that had been widely criticized by the international banking community. However, the Agencies still placed a number of conditions on the availability of the foreign banking exemption, as outlined below. The foreign banking exemption is applicable to the purchase and sale of any financial instrument if: The banking entity is not organized or directly or indirectly controlled by a banking entity organized in the United States; The foreign banking organization e.
While personnel located in the United States acting for the foreign entity cannot be involved in soliciting, arranging, negotiating, making the decision to transact, or executing a transaction, personnel performing back office functions, such as clearing and settlement, would be able to do so in the United States. However, the foreign banking entity is not treated as being located in the United States solely by virtue of operating or controlling such an office or subsidiary.
This will impose a human resources constraint on foreign banking entities since personnel will need to be based outside of the United States even if U.
As noted above, the Volcker Rule added two additional exemptions for transactions by a foreign bank with unaffiliated market intermediaries such as unaffiliated registered broker-dealers , thus preserving the prohibition on entering into a proprietary trading transaction with an affiliated U.
If the market intermediary is acting as agent, then the transaction also must be conducted anonymously on an exchange or trading facility.
The Agencies have acknowledged that an anonymous trade could result in a transaction between a foreign bank and its U. Nevertheless, many foreign banking entities will need to reorganize their methods of executing transactions in U.
Thus, foreign entities are substantially denied the benefits of having an affiliated U. Related hedges effected in the United States will also have to be effected with unaffiliated U. This will increase execution costs and complexities for foreign banks. Foreign banks will also, as a result, be forced to disclose sensitive proprietary trading information to unaffiliated U. There are also certain other exemptions that may be available to foreign entities, including heavily conditioned exemptions for: repurchase agreements and securities lending on the basis that such transactions resemble secured loans; transactions effected as agent, broker or custodian; underwriting and market-making activities; risk-mitigating hedging activities; and riskless principal transactions, on the basis that if an offsetting order is in hand, such transactions resemble agency transactions.
Certain of these other exemptions are discussed in the sections that follow. Unlike the SEC Regulation M definition of distribution governing purchases and offers to purchase during a distribution and market stabilization , the definition used in the Volcker Rule excludes the magnitude of the offering as a relevant factor. Engaging in the following activities may indicate that a banking entity is acting as an underwriter as part of a distribution of securities: assisting an issuer in capital-raising; performing due diligence; advising the issuer on market conditions and assisting in the preparation of a registration statement or other offering documents; purchasing securities from an issuer, a selling security holder, or an underwriter for resale to the public; participating in or organizing a syndicate of investment banks; marketing securities; and transacting to provide a post-issuance secondary market and to facilitate price discovery.
Thus, this exemption will potentially affect local underwriting practices of banking entities on a worldwide basis unless, instead, the foreign banking exemption, discussed above, can be utilized.
It will also apply to Rule A transactions not conducted on a riskless principal basis. For firms that effect a foreign public offering in conjunction with a U. If this is the case, then foreign underwriting practices would not be affected by the limitations in the underwriting exemption. This position is consistent with the non-integration of these offerings for U. However, it remains uncertain whether dually-registered personnel of these distinct entities located outside of the United States, acting in distinct capacities, can be used in both distributions.
Monthly General Knowledge Banking Capsule 2019 for SSC Banking Exams in PDF
These matters will need to be clarified with the staff of the functional regulators. This position may potentially apply in the case of offerings using the Canada-U.
If these offerings can be viewed as distinct, separate exemptions could also be utilized.New edition available. All pages you visit in our online banking websites are automatically removed from your browsers cache after you have logged off. Definition[ edit ] The term banking model of education was first used by Paulo Freire in his highly influential book Pedagogy of the Oppressed.
English Binding: Manage Third Party You can define your own trusted third parties to whom you wish to transfer funds. Foreign Sovereign Debt Exemption The proprietary trading prohibition does not apply to financial instruments that are sovereign debt obligations including debt obligations of multinational central banks, such as the European Central Bank, of which the foreign sovereign is a member , including obligations of agencies and political subdivisions of that sovereign, in cases in which: the banking entity is organized or is controlled by an entity organized under the laws of the foreign sovereign, and is not directly or indirectly controlled by a top-tier banking entity organized in the United States; the financial instrument is an obligation of such a foreign sovereign; and the purchase or sale is not made by an insured depository institution.
It also requires that foreign financial institutions continuously assess the totality of their U.
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