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Proposed Bank Capital Requirements: Basel III Endgame Implementation, Impact on Lending Structures, Documentation

Structuring Product Pricing, Increased Cost Provisions, and Other Key Terms to Comply With the New Capital Requirements

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, September 14, 2023

Recorded event now available

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This CLE webinar will cover the recent release of proposed regulatory capital requirements (known as the Basel III Endgame) and how they will impact the commercial lending landscape. The panel will discuss potential changes to loan structures and loan documentation and provisions to respond to these proposed new capital requirements.


On July 27, 2023, U.S. federal banking regulators jointly released proposed changes to the capital requirements for midsize and larger U.S. banking organizations. These revisions will likely be one of the most consequential changes to U.S. banking regulation since the 2010 passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The revisions are lengthy and significantly change the requirements for credit, market, and operational risk. Some of the revisions are long expected (e.g., reevaluation of the use of internal models), but others are novel (e.g., capital charge for operational risk) or driven in response to the recent banking crisis. Further, the revisions are expected to materially increase the amount of capital that many larger banking organizations must hold, which may lead to a decline in bank lending and bank trading activities.

Terms and provisions in loan documents can affect certain loans' classification and their treatment under the capital rules. Some loans can be structured to avoid being subject to certain capital charges. Bank counsel must have a thorough understanding of the capital rules' nuances to minimize their impact on profitability in any given transaction.

Listen as our authoritative panel of regulatory and finance attorneys analyzes the proposed U.S. capital rules, the impact on the commercial lending environment, and how lenders may alter loan structures and loan documentation to minimize the rules' effects.



  1. Overview of Basel III Endgame requirements
    1. Changes to risk-weights under the standardized approach
    2. Restrictions on use of models under models-based market risk approaches
    3. Revisions to the credit valuation adjustment risk framework
    4. Overhaul of operational risk framework
    5. Refinements to leverage ratio framework
    6. Creation of output floor on regulatory capital benefits for banks using advanced approaches
  2. Banking organizations impacted by the new proposed regulations
  3. Impact on lending structures and documentation for non-real estate loans
  4. Impact on lending structures and documentation for real estate loans
  5. Key takeaways and practical implications


The panel will review these and other key issues:

  • How will changes to the U.S. capital rules impact the commercial lending landscape?
  • What loan documentation provisions are of critical concern for lenders, and where is there room for negotiation?
  • How can loans be structured to avoid or minimize additional capital requirements?
  • What are some key terms and conditions lenders should include in loan documentation to account for these proposed new rules?


Bisanz, Matthew
Matthew Bisanz

Mayer Brown

Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory...  |  Read More

Chorazak, Mark
Mark Chorazak

Partner, U.S. Bank Regulatory Practice Group Head
Shearman & Sterling

Mr. Chorazak’s practice centers on providing strategic bank regulatory advice to domestic and foreign banks,...  |  Read More

Goss, Carleton
Carleton Goss

Hunton Andrews Kurth

Mr. Goss leverages his experience as a lawyer with the Office of the Comptroller of the Currency to resolve financial...  |  Read More

Korzeniewski, Kevin
Kevin Korzeniewski
Counsel, Bank Advisory
Office of the Comptroller of the Currency

Mr. Korzeniewski provides legal advice to OCC policy and examination colleagues on interpreting complex banking laws...  |  Read More

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