Indicators of potential regulatory shifts to agency mission/operations and regulatory focus
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February 2025
Amidst the flurry of actions of the new Administration, the financial services industry (inclusive of banking, capital markets, asset management, fintech and insurance) looks to track indicators of likely regulatory changes.听 Incoming and acting agency leadership as well as initial Executive Orders (including those on 鈥渞egulatory freeze鈥� and digital assets) provide preliminary signals for potential regulatory shifts, including in the areas of:
Across agencies, current, incoming and acting agency leadership is setting parameters for regulatory activity going forward, including initial support for:
Signals | Description/Examples | Source |
---|---|---|
Statutory Mandate | Ensure the agency remains within its statutory mandates, including the promotion of a safe, sound, and resilient system |
|
鈥淩efocus and change direction with new leadership to fulfill our statutory mandate to promote responsible innovation and fair competition in our markets that have continually evolved over the decades鈥� | ||
Regulatory Withdrawal | Implementation of Executive Order (EO) to 鈥漰ause鈥� new rulemaking, enforcements, etc. (e.g., CFPB 鈥渉alt鈥�) | |
Renew the commitment to 鈥渞egulatory tailoring鈥�; Consider regulatory and supervisory "trickle-down" (i.e., where regulators may expect smaller banks to meet expectations designed for larger institutions) | FRB Governor听听补苍诲听 | |
Look to a potential withdrawal of various proposals from the past three years, such as those on brokered deposits and corporate governance, and pursue adjustments to capital and liquidity rules to balance economic growth with safety and soundness, and resilience | ||
Consider potential changes to disclosure rules, including proxy voting, and rules related to shareholder proposals Withdrawal of regulations (e.g., SEC Staff Accounting Bulletin 121 regarding crypto assets) |
厂贰颁听 | |
Financial Focus | Focus on materiality as the foundation of disclosure Confirmation of focus to the fiduciary duty to funds | |
Prioritize safety & soundness | ||
State Activity | Look to re-confirm state nonbank oversight authority Re-consideration of preemption of state laws (e.g., consumer protection laws) |
听 |
Global Pullback | Pullback and/or withdrawal from membership and/or participation in global regulatory groups (e.g., Network of Central Banks and Supervisors for Greening the Financial System) | |
Supervision | Improve the transparency of regulatory communication to allow banks to know what regulators think about the permissibility of particular activities, or what parameters and rules should apply to those activities | |
Focus supervision on core financial risks over processes Reevaluate the supervisory appeals process | ||
Market impact analysis of GSE conservatorship under FHFA |
In addition to statements regarding agency mission and operations, current, incoming and acting agency leadership is also noting potential changes in key regulatory areas, including:
Signals | Description/Examples | Source |
---|---|---|
M&A | Look to employ a more 鈥渘imble and predictable鈥� approach specifically in the de novo formation and M&A | |
Potential for 鈥渞eplacement鈥� of the 2024 Statement of Policy Encouragement for more de novo activity for a pipeline of new entrants | ||
Crypto/digital assets | Implementation of Executive Order on strengthening American leadership in digital financial technology | |
Launch of a Crypto Task Force dedicated to developing 鈥渁 comprehensive and clear regulatory framework for crypto assets鈥� | ||
Look to adopt a more flexible approach to innovation and technology, including digital assets and tokenization | ||
鈥凄别-产补苍办颈苍驳鈥�/ | Desire for policy to address the needs of the unbanked and expand the availability of banking services | |
Ensure law-abiding customers maintain access to bank accounts and services | ||
Innovation & Tech | Implementation of Executive Orders on leadership in digital financial technology and AI | White House and |
Look to adopt a more flexible approach to innovation and technology, including fintech partnerships | ||
Reliance on third parties to support key systems and tools (e.g., AI) Incidence and evolution of investment fraud | ||
Improving state/federal partnership, information sharing arrangements and examination coordination (e.g., third-party service providers, cybersecurity) |
First 100 Days: Upcoming Regulatory Signals - Financial Services
Indicators of potential regulatory shifts to agency mission/operations and regulatory focus
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