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Image copyright Thinkstock Image caption The new regulations will have some serious consequences for businesses
US financial regulators have announced sweeping changes to the way they regulate banks.
As a result, the rules will require commercial banks to get a licence to issue non-US deposits, including those held by non-US residents, and limit capital investment to six times the size of its profit margin.
At the same time, US regulators are cracking down on large investors in the banking sector, imposing new regulations to restrict who can buy and sell stocks in US banks via their “portfolio” investment vehicles.
The move is designed to stem the risk of future crises in a system that many experts say needs fundamental reform.
A key question is whether this is a step towards tighter regulation of Wall Street.
What is a non-US deposit?
The Federal Reserve Board defines a “non-US deposit” as:
“… money, property, securities or other financial instruments held or guaranteed by the United States government for investment by the borrower with a balance of less than $100,000. In addition, these assets do not have a maturity, nor do they have recourse rights in a domestic or foreign market that would be available for the borrower. For some asset classes like bonds, a financial instrument cannot be considered a non-US deposit if its underlying US liability, at its current price to the market to be guaranteed, exceeds its value as a security.”
Who decides what counts as a non-US non-deposit?
To some extent, any US institution that issues non-US deposits is subject to US regulator regulations. Banks can apply to their local regulators to get special permission to make money-market loans for a particular customer based on their specific assets or risk.
But there are many questions – such as the extent to which a bank can be held liable for losses. A US bank can still engage in foreign direct investment when it does so as long as it complies with anti-money laundering rules. That means a commercial bank can invest in the Russian banking sector and hold all it has made in its portfolio of foreign assets. But its profits from those loans are excluded.
The Federal Reserve was also very clear in last week’s decision
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