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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.