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Tis the Season
October 26, 2023

Welcome to this week's edition of Cabinet News and Views, which we’re publishing in the wake of a flurry of U.S. agency rule proposals and final updates this month (notwithstanding the three week standstill in Congress), as well as key insights surfacing from climate transition reports across the Atlantic.  

My colleagues, Peter Malyshev, Nikita Cotton and Hayden Stark, explore the CFTC’s recent proposed amendments to its Regulation 4.7, which provides exemptions to registered commodity pool operators and commodity trading advisors. My colleague, Mercedes Kelly Tunstall, and I report on Tuesday’s news of the final rule to amend and update the rules implementing the Community Reinvestment Act. Mercedes also shares her insights into two big announcements over the past week: the FRB’s proposed changes to Dodd-Frank’s Durbin Amendment, and the CFPB’s proposal addressing “personal data financial rights.” Rounding out our U.S. reporting, my colleagues, Stephen Fraidin, Richard Brand, Erica Hogan, Adam Tamzoke and Lauren Russo, weigh in on the SEC’s adoption of final rules amending beneficial ownership reporting. 

Even though it won’t be Thanksgiving season here in the U.S. for another month, the federal banking agencies were so busy this week, that we will likely have leftovers that we will cover in next week’s edition or other Cadwalader newsletters, such as the Fed’s announced proposed changes to Regulation II (Debit Card Interchange Fees and Routing), which is the implementing regulation of the Durbin Amendment to the Dodd-Frank Act, and interagency principles for climate-related financial risk management for large financial institutions.

We also reprint a C&F memo from my colleagues issued earlier this week on the SEC’s adoption of final rules to amend the beneficial ownership reporting rules that accelerate the filing deadlines for Schedules 13D and 13G, provide guidance on the formation of a “group” and provide guidance on the treatment of cash-settled derivatives.      

In Europe, we have two interesting developments to share. First, my colleague, Duncan Grieve, provides a look into the European Central Bank’s second economy-wide stress test and what it means for banks navigating the ongoing climate transition. On a related note, my colleagues, Simon Walsh and Sharon Takhar, summarize key findings from a joint study by the Transition Pathway Initiative and the Grantham Research Institute on Climate Change and the Environment assessing how banks are making progress in managing the same transition.      

As always, we welcome your thoughts. Just drop me a note here.

Daniel Meade 
Partner and Editor, Cabinet News and Views

Partner | Financial Regulation
Associate | Financial Regulation
Law Clerk

On October 2, 2023, the Commodity Futures Trading Commission published a notice of proposed rulemaking to amend CFTC Regulation 4.7, which provides exemptions to registered commodity pool operators and commodity trading advisors that solely operate or advise private pools from compliance with certain requirements related to disclosure, reporting, and recordkeeping.

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Partner | Financial Regulation
Partner | Financial Regulation

On Tuesday, the Federal Deposit Insurance Corporation, the Federal Reserve Board and the Office of the Comptroller of the Currency issued a final rule to amend and update the rules implementing the Community Reinvestment Act. The proposal was issued in May 2022 and the Agencies reported receiving approximately 1,000 unique comments on the proposal.

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Partner | Financial Regulation

Yesterday, the Federal Reserve Board announced proposed changes to Regulation II (Debit Card Interchange Fees and Routing), which is the implementing regulation of the Durbin Amendment to the Dodd-Frank Act. 

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Partner | Financial Regulation

On Thursday, October 19, 2023, the Consumer Financial Protection Bureau released a proposed rule addressing “personal data financial rights”, as we reported last week that they would be doing later in October. The proposed rule provides a comprehensive, but newfangled, approach to regulating the collection, use, sharing and maintenance of financial data by a wide variety of participants. 

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On October 10, 2023, the SEC adopted rule amendments related to Section 13 beneficial ownership reporting rules. In brief, the Final Rules accelerate the filing deadlines for Schedules 13D and 13G, provide guidance on the formation of a “group” and provide guidance on the treatment of cash-settled derivatives. The Final Rules adopted by the SEC addressed the concerns raised in many of the comment letters. The final rulemaking is the culmination of a deliberative and thorough process undertaken by Chair Gensler, the other SEC Commissioners, and its staff members. We believe the end result is a final rule that balances the considerations of all market participants and achieves a principal purpose of the SEC, which is to maintain fair, orderly and efficient markets and facilitate capital formation. 

Further details of the rule amendments are discussed in our recent Client and Friends Memo here authored by Stephen Fraidin, Richard Brand, Erica Hogan, Adam Tamzoke and Lauren Russo. 

Special Counsel | White Collar Defense and Investigations

In September 2023, the European Central Bank published its second economy-wide stress test, shedding light on the credit risks that European banks may face as a result of the ongoing climate transition. The test analyzed the resilience of banks, firms and households to three transition scenarios, which differ in terms of timing and ambition.

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Special Counsel | Global Litigation
Associate

The Transition Pathway Initiative, in partnership with the Grantham Research Institute on Climate Change and the Environment, conducted a study “[t]racking progress with the TPI Net Zero Banking Assessment Framework.” As part of its assessment process, TPI used the Net Zero Baking Assessment Framework to evaluate banks’ progress in managing the low-carbon transition and mitigating the impacts of climate change.

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Maurine R. Bartlett
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Sukhvir Basran
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Brian Foster
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James Frazier
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Mark Howe
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Gregg Jubin
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Philip S. Khinda
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Ivan Loncar
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Peter Y. Malyshev
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Daniel Meade
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Jed Miller
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Jonathan M. Wainwright
Senior Counsel
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