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First 100 Days: Upcoming Regulatory Signals for Financial Services

Indicators of potential regulatory shifts to agency mission/operations and regulatory focus

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乐鱼(Leyu)体育官网 Regulatory Insights

  • Leadership Shifts:听Acting leadership at financial service agencies are re-prioritizing their mission and regulatory focus, with statements supporting the Administration鈥檚 policy priorities.
  • Regulatory Withdrawals:听Initial agency regulatory withdrawals have started (e.g., SEC SAB 121) with more expected swiftly.
  • Enforcement/Lawsuits Halted:听In addition to new rulemaking, incoming agency leadership is largely asking for current enforcement/lawsuit activity to 鈥榩ause鈥�.听
  • Upcoming Supervision/Enforcement:听Future supervision/enforcement likely to focus on 鈥榗ore financial risk鈥�, with states/state AGs more active in consumer protections.
  • Quick Actions:听Expect rapid re-prioritized agency actions once acting leadership is in place (e.g., M&A guidance, etc.) but a much longer timeline for those requiring Congressional action.

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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:

  1. Agency Mission/Operations
  2. Regulatory Focus

1.听 Agency Mission/Operations

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)

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

2.听 Regulatory Focus

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�/
fair access

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)

Dive into our thinking:

First 100 Days: Upcoming Regulatory Signals - Financial Services

Indicators of potential regulatory shifts to agency mission/operations and regulatory focus

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