Most Recent Quarter Issues

August 28, 2001 Overview

  • Federal Banking Agencies Respond to Trade Group Questions on GLBA’s Insurance Consumer Protection Rules
  • SEC and CFTC Rush to Adopt Rules as Institutional Floor Trading of Single-Stock Futures Becomes Legal After 19-Year Ban
  • OCC Issues Rulings on Investments in Funds and New UCC Article 9

September 4, 2001 Overview

  • SEC Denies the Investment Cmopany Institute’s Petition Seeking SEC Regulation of Web-based Stock Baskets as Mutual Funds
  • FRB Delays Implementation of Interim Rules on the Electronic Delivery of Disclosures
  • District Court Upholds Bank Fiduciary Exemption from CERCLA
  • FDIC Issues Customer Information Examination Guidelines
  • Based Committee Issues Set of Best Practices for Internal Audit Departments
  • OTS Issues Updated Trust and Asset Management Handbook

September 12, 2001 Overview

  • FRB Issues Final Financial Subsidiary Rule
  • US Court of Appeals Reaches Decision in Navellier Fund Litigation
  • OCC Issues Final Rule Establishing Pilot Program that Eases Lending Limit for Eligible National Banks

September 18, 2001 Overview

  • Regulators Provide Emergency Relief in Wake of Events of September 11, 2001
  • Federal Banking Agencies Issue Guidance Concerning (1) Potential Temporary Balance Sheet Growth and (2) Regulatory Flexibility in Aftermath of Terrorist Attacks on U.S.
  • US District Court in Illinois Holds Attorney Investigation of Employee’s Relationship with Employer is Not FCRA "Consumer Report"
  • US District Court in Texas Rules State Law Seeking to Limit Fees Charged by National Banks Preempted
  • Director of SEC Division of Investment Management Stresses Adviser Duty of Best Execution in Recent Speech

September 25, 2001 Overview

  • Agencies Find Privacy Rules Permit Lender to Include Borrower’s Loan Number on Recorded Documents
  • Agencies Extend Form 5500 Filing Deadlines
  • Court Denies Tax Refund to Trusts
  • IRS Grants Taxpayer Relief
  • California Enacts Mortgage Lending Restrictions

October 2, 2001 Overview

  • First Circuit Rules For First Time on "Common Enterprise" Element of Definition of "Investment Contract" Securities
  • FASB Decides Against Extraordinary Treatment for Terrorist Attack Costs
  • SEC Postpones Compliance with After Tax Return Sales Literature Requirements
  • Registered Adviser Information Now Available on the Internet

October 9, 2001 Overview

  • OCC Issues Opinion that Finds that Certain Provisions of West Virginia Insurance Sales Statute Should be Preempted
  • SEC Sanctions Fund Adviser, Sub-Adviser and Portfolio Manager and Broker Dealer Prinicpal in SEC Sanctions Fund Adviser, Sub-Adviser and Portfolio Manager and Broker Dealer Principal in Connection with Mispricing of Notes
  • DOL Proposes Amendment to Prohibited Transaction Exemption Concerning Loans to Address Market Disruptions
  • OCC Proposes Increasing Assessments

October 16, 2001 Overview

  • OCC Approves Expanded Electronic Activities
  • OCC Finalizes Rule Permitting a Federal Branch or Agency of a Foreign Bank to Establish or Control an Operating Subsidiary in the Same Manner as a National Bank
  • Treasury Establishes Toll-Free Hotline for Suspected Terrorist Activities; Agencies Emphasize SAR Filings
  • Federal Trade Commission Announces Privacy Agenda
  • OCC Issues Advisory Letter Concerning Error Resolution under the EFTA

October 23, 2001 In-Depth Analysis

  • Developments with Risk Capital

October 30, 2001 In-Depth Analysis

  • FRB Finalizes International Banking Regulations

November 2, 2001 – Special Alert

  • The International Money Laundering Abatement and Financial Anti-Terrorism Act is Enacted as Title III of the USA PATRIOT ACT of 2001

November 6, 2001 Overview

  • SEC Issues FAQ on Mutual Fund After-Tax Returns
  • OTS Proposes Easing Thrift Lending and Investment Limits
  • OCC Issues Guidance on Managing Risks Associated with Third Party Relationships
  • SEC Finalizes Amendments to Broker-Dealer Books and Records Rules
  • California Court of Appeals Holds that Parity Act Does Not Preempt all State Laws on Reverse Mortgages

November 13, 2001 Overview

  • SEC Proposes Expansion of Fund Merger Exemptive Rule
  • OTS Issues (1) Guidance on Examination of Mutual Institutions and (2) Proposal that Clarifies Powers of Thrift Holding Companies
  • Vermont Issues Final Privacy Rules
  • OCC Concludes that National Banks May Post Checks in High-to-Low Order

Financial Services Alert - Quarterly Status of Recent Rules/Policy Statements

Rule/Statement (Rules Unless Otherwise Noted)

Proposed/Final (P/F)

Comment Period Ends (Proposals) / Effective Date (Final)

Alert Description Date

MULTI-AGENCY

---

---

---

FDIC

---

---

---

FRB

Finalizes Financial Subsidiary Rule

Revises International Banking Regulations (Reg K)



F


F



9/17/01


11/26/01



9/12/01


10/30/01

OCC

Establishes Pilot Program to Ease Lending Limit for National Bank

Increases Assessments

Permits a Federal Branch or Agency of a Foreign Bank to Establish or Control an Operating Subsidiary in Same Manner as National Bank





F


P







F





9/10/01


10/25/01







10/26/01





9/12/01


10/09/01







10/16/01

OTS

Eases Thrift Lending and Investment Limits

Clarifies Powers of Thrift Holding Companies



P



P



12/03/01



12/10/01



11/06/01



11/13/01

SEC

Postpones After-Tax Sales Literature Compliance

Amends Broker-Dealer Books and Records

Expands Fund Merger Exemptive Rule




F


F



P




12/01/01


5/02/03



1/18/02




10/02/01


11/06/01



11/13/01

OTHER

Vermont Privacy Rules



F



11/17/01 (effective)

2/05/02 (compliance mandatory)



11/13/01

 

Disclaimer:

The contents of this publication are intended for informational purposes only and should not be construed as legal advice or legal opinion, which can be rendered properly only when related to specific facts. This document may be considered advertising under rules of the Supreme Judicial Court of Massachusetts. ©Goodwin Procter LLP 2001