United States: Finance and Banking

The Federal Reserve Board has proposed the first comprehensive update to mutual holding company regulations since 2011, aiming to improve capital access for mutual banking organizations. The proposal would clarify that mutual capital certificates and special deposits can qualify as regulatory capital, streamline dividend waiver procedures, and eliminate outdated procedural requirements inherited from the former Office of Thrift Supervision.

Matt Bisanz and Tom Killian discuss innovative approaches to regulatory recognition of commercial real estate risk transfer in US banking. The conversation examines how banking agencies can enable responsible growth in commercial real estate lending while maintaining appropriate risk management standards.

Federal banking regulators have jointly proposed sweeping reforms to U.S. capital requirements, formally rescinding the controversial 2023 Basel III Endgame Framework in favor of a modernized approach that would reduce capital burdens...

Debt-for-equity (D4E) exchanges can be part of a structure in a tax-free spin-off transaction. If structured successfully within the confines of commercial, tax, legal and regulatory parameters, D4E exchanges enable a parent company (ParentCo) to complete the spin-off of an entity (SpinCo) on a tax-free basis and de-lever.

The SEC's Division of Corporation Finance has issued a new exemptive order that significantly reduces the minimum offering period for certain tender and exchange offers involving non-convertible debt securities from 20 business days to just five business days. This order supersedes previous guidance and establishes new conditions under which issuers and their wholly-owned subsidiaries can conduct abbreviated debt tender offers.

An Oregon regulator entered a consent order with a Wisconsin debt collector after discovering the company operated without proper state registration while collecting from over 1,500 Oregon consumers. The case began with a single consumer complaint and resulted in allegations of 1,812 violations, demonstrating how state regulators pursue licensing enforcement and the importance of maintaining proper registrations across all operating jurisdictions.

On July 13 and July 15, a coalition of 11 states and the District of Columbia, followed by two former FDIC Board members, filed amicus briefs supporting Colorado in the en banc proceedings...

A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.

On June 23, Rhode Island Governor Dan McKee signed Senate Bill 3075, establishing capital, liquidity, corporate governance, audit, and risk-management requirements...

The Federal Reserve Board has proposed the first comprehensive update to mutual holding company regulations since 2011, aiming to improve capital access for mutual banking organizations. The proposal would clarify that mutual capital certificates and special deposits can qualify as regulatory capital, streamline dividend waiver procedures, and eliminate outdated procedural requirements inherited from the former Office of Thrift Supervision.

The Federal Deposit Insurance Corporation has released a request for comment on new reporting requirements for FDIC-supervised Permitted Payment Stablecoin Issuers, introducing comprehensive weekly and quarterly reporting obligations. These proposed forms would require detailed disclosures about stablecoin activity, reserve assets, trading volumes across exchanges, and financial condition metrics.

The Health Resources and Services Administration has announced a revised 340B Rebate Model Pilot Program for drugs subject to Medicare's Maximum Fair Price, expanding eligibility to manufacturers with selected drugs for 2026 and 2027. The program introduces new data requirements, dispute resolution mechanisms, and stricter compliance monitoring while addressing stakeholder concerns about administrative burden and program integrity.