(The news
featured below is a selection from the news covered in the Federal Securities
Report Letter, which is distributed to subscribers of the Federal
Securities Law Reports.)
Consolidated
Broker-Dealer Supervision Framework Adopted
The framework for
voluntary group-wide supervision of broker-dealer holding companies includes a
program for consolidated supervised entities, or CSEs, or for supervised
investment bank holding companies, known as SIBHCs. In each case, SEC
supervision would include recordkeeping, reporting and examination requirements.
Broker-dealers that
participate in the CSE program may use an alternative risk-based approach to
satisfy the SEC's net capital requirements. A CSE that does not have a principal
regulator may rely on the SEC's group-wide supervision to satisfy the European
Union's regulatory requirements for consolidated supervision. A CSE would
provide the SEC with computations of allowable capital and risk allowances that
are consistent with the Basel standards.
The SIBHC framework
implements a provision of the Gramm-Leach-Bliley Act. It is available to
broker-dealer holding companies that are not affiliated with banks or thrifts.
This framework is also expected to enable the SIBHC to satisfy the European
Union directive on consolidated supervision and to be consistent with the Basel
standards on capital and risk.
The universe of
potential voluntary firms is only about 10 to 12, and 5 of these are not
affiliated with banks, according to Annette Nazareth, the director of the
Division of Market Regulation. The staff is aware of some interest in the CSE
framework, but has not heard from anyone that is interested in the SIBHC
framework, she said. The staff is still awaiting the EU's determination on
whether it will accept the SEC's voluntary frameworks as equivalent to the EU
directive on consolidated supervision. The new programs take effect in 60 days.
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The adopting release will be published in a forthcoming REPORT
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