Developments in Securities Regulation, Corporate Governance, Capital Markets, M&A and Other Topics of Interest. MORE

The Federal Reserve Board has requested comment on a proposed amendment to the Board’s Notice of Proposed Rulemaking, or NPR, issued February 11, 2011, to establish requirements for determining whether a company is “predominantly engaged in financial activities.”

Under Title 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, a company generally can be designated for Board supervision by the Financial Stability Oversight Council only if 85 percent or more of the company’s revenues or assets are related to activities that are financial in nature under the Bank Holding Company Act.  

Some parties providing comments to the February 2011 NPR asked whether conditions imposed on the conduct of financial activities by the Bank Holding Company Act and the Board’s regulations should be considered in defining financial activities for purposes of Title I.  The Board is therefore proposing to amend the NPR to clarify the activities that are financial for purposes of Title I. 

Check frequently for updated information on the JOBS Act, the Dodd-Frank Act and other important securities law matters.

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