Charles M. Horn and Dwight C. Smith (Partners, Morrison & Foerster LLP), David Johnson (Managing Director, Protiviti)
A Discussion of Implications of the Volcker Rule for Financial Institutions
The federal financial regulatory agencies have agreed to publish proposed rules that implement the proprietary trading and private fund sponsorship and investment prohibitions of the Dodd-Frank Act's Volcker Rule. Several of the participating agencies have already published the proposed rules for public comment.
In addition to applying the basic restrictions of the Volcker Rule to covered banking entities, the proposed rules would create a number of significant regulatory compliance, corporate governance and reporting obligations for affected financial institutions.
â¢ Proprietary trading
o What is proprietary trading?
o Dealing, underwriting and market-making activities
o Trading in exempted financial instruments
o Impact on derivatives, securitizations and structured finance activities
o Permitted hedging and customer trading activities
â¢ Exempted and prohibited private equity and hedge fund activities
â¢ Impact on foreign bank trading and private equity/hedge fund activities
â¢ Conflicts of interest and "high risk" activities
â¢ Compliance, governance and reporting requirements