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PH FedACTion: Financial Regulatory Updates

Daily Financial Regulation Update -- Thursday, December 15, 2022

December 15, 2022

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Major Developments

Federal Reserve issues FOMC statement

December 14, 2022

The Federal Reserve Board issued a Federal Open Market Committee statement following the Committee meeting held December 13-14.

Congress

U.S. Senate

Committee on Banking, Housing, and Urban Affairs

Hearing: Crypto Crash: Why the FTX Bubble Burst and the Harm to Consumers

December 14, 2022

The U.S. Senate Committee on Banking, Housing, and Urban Affairs held a hearing entitled, "Crypto Crash: Why the FTX Bubble Burst and the Harm to Consumers."

U.S. House of Representatives

Committee on Financial Services

Hearing: Consumers First: Semi-Annual Report of the Consumer Financial Protection Bureau

December 14, 2022

The U.S. House Committee on Financial Services held a hearing entitled, "Consumers First: Semi-Annual Report of the Consumer Financial Protection Bureau."

Federal Agencies

Securities and Exchange Commission

SEC Proposes Rules to Amend Minimum Pricing Increments and Access Fee Caps and to Enhance the Transparency of Better Priced Orders

December 14, 2022

The Securities and Exchange Commission proposed to amend certain rules under Regulation NMS to adopt variable minimum pricing increments, or "tick sizes," for the quoting and trading of NMS stocks, reduce access fee caps for protected quotations, and accelerate the transparency of the best priced orders available in the market.

SEC Proposes Amendments to Enhance Disclosure of Order Execution Information

December 14, 2022

The Securities and Exchange Commission proposed amendments that would update the disclosure required under Rule 605 of Regulation NMS for order executions in national market system stocks, which are stocks listed on a national securities exchange.

SEC Adopts Amendments to Modernize Rule 10b5-1 Insider Trading Plans and Related Disclosures

December 14, 2022

The Securities and Exchange Commission adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934 and new disclosure requirements to enhance investor protections against insider trading.

SEC Proposes Rule to Enhance Competition for Individual Investor Order Execution

December 14, 2022

The Securities and Exchange Commission proposed a rule that would require certain orders of individual investors to be exposed to competition in fair and open auctions before such orders could be executed internally by any trading center that restricts order-by-order competition.

FINRA

Regulatory Notice: FINRA Alerts Firms to Increased Ransomware Risks

December 14, 2022

FINRA issued a regulatory notice alerting firms to increased ransomware risks.

International

European Banking Authority

EBA publishes its first thematic review on the transparency and level of fees and charges for retail banking products in the EU, observing that significant detriment still arises for consumers

December 14, 2022

The European Banking Authority published a thematic review on the transparency and level of fees and charges levied by financial institutions on the retail banking products in the EU.

EBA consults on Guidelines on the overall recovery capacity in recovery planning

December 14, 2022

The European Banking Authority published a consultation paper on its draft Guidelines on the overall recovery capacity in recovery planning.

Bank of England

Bank's consultation on supervisory approach to wholesale cash distribution – December 2022

December 14, 2022

The Bank of England published a consultation paper entitled, "Consultation on the Bank of England's supervisory approach to wholesale cash distribution."

UK Financial Conduct Authority

FCA announces next steps on improving the compensation framework

December 14, 2022

The UK Financial Conduct Authority has published the feedback it received to its call for input on the framework for protection provided through the Financial Services Compensation Scheme , following concerns about increasing costs.

Administration Changes

Vacancies

Federal Deposit Insurance Corporation

  • Chair – Vacant (Martin Gruenberg serves as Acting Chair and was nominated to serve as Chair November 14, 2022).
  • Vice Chairman – Travis Hill (nominated September 20, 2022)
  • Member – Jonathan McKernan (nominated September 20, 2022)

Office of the Comptroller of the Currency

  • Comptroller – Vacant (Michael Hsu serves as Acting Comptroller)

Appointments/Confirmation Hearings

U.S. Department of the Treasury – Janet Yellen (effective January 26, 2021)

Federal Reserve Board – Jerome H. Powell (effective May 23, 2022)

Federal Reserve Bank of New York – John C. Williams (effective June 18, 2018)

Federal Deposit Insurance Corporation – Martin Gruenberg (Acting Chair, appointed February 5, 2022)

Consumer Financial Protection Bureau – Rohit Chopra (effective October 12, 2021)

Securities and Exchange Commission – Gary Gensler (effective April 17, 2021)

Small Business Administration – Isabella Casillas Guzman (effective March 16, 2021)

Commodity Futures Trade Commission – Rostin Behnam (effective December 17, 2021)

Financial Crimes Enforcement Network

National Credit Union Administration – Todd M. Harper

U.S. Department of Housing and Urban Development – Marcia Fudge (effective March 10, 2021)

Federal Housing Finance Agency – Sandra L. Thompson, (confirmed May 25, 2022)

U.S. Department of Education – Dr. Miguel Cardona (effective March 2, 2021)

PH Client Alerts

Click here to read more from our Coronavirus series.

Legislation/Legislative Updates

Click here to view the full text of the Coronavirus Aid, Relief and Economic Security Act (the "CARES Act"), Enacted March 27, 2020.

Click here to view the full text of the Paycheck Protection Program Increase Act of 2020, Enacted April 24, 2020.

Click here to view the full text of the Paycheck Protection Program Flexibility Act of 2020, Enacted June 5, 2020.

Click here to view the full text of the Consolidated Appropriations Act, 2021, Enacted December 27, 2020.

Click here to view the full text of the American Rescue Plan of 2021, Enacted March 11, 2021.

Click here to view the full text of the PPP Extension Act of 2021, Enacted March 30, 2021.

Click here to view a running list of proposed legislation from the Senate Committee on Banking, Housing, and Urban Affairs, Senate Committee on Small Business and Entrepreneurship, House Committee on Financial Services, and House Committee on Small Business.