ARTICLE
22 November 2017

GAO Rules That The Adoption Of Leveraged Lending Guidance Violated Law

KL
Herbert Smith Freehills Kramer LLP

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In March, U.S. Senator Pat Toomey of Pennsylvania requested the GAO ruling to decide if the Guidance was in fact a rule.
United States Finance and Banking

On Oct. 19, 2017, the U.S Government Accountability Office (the "GAO"), the investigative arm of Congress, has ruled that the 2013 Interagency Leveraged Lending Guidance was not "guidance', but in fact a rule that should have been subject to Congressional approval under the 1996 Congressional Review Act.

In March, U.S. Senator Pat Toomey of Pennsylvania requested the GAO ruling to decide if the Guidance was in fact a rule.

"It is a rule subject to the requirements of the CRA," the GAO said in a letter to Toomey today.

While the full implications of the GAO determination are uncertain, it is likely that the onerous restrictions on and regulatory interference with leveraged lending that regulated banks have endured since 2013 will be dramatically eased, although the timing such easing is uncertain.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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