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
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.
Outline
- Overview of Basel III Endgame requirements
- Changes to risk-weights under the standardized approach
- Restrictions on use of models under models-based market risk approaches
- Revisions to the credit valuation adjustment risk framework
- Overhaul of operational risk framework
- Refinements to leverage ratio framework
- Creation of output floor on regulatory capital benefits for banks using advanced approaches
- Banking organizations impacted by the new proposed regulations
- Impact on lending structures and documentation for non-real estate loans
- Impact on lending structures and documentation for real estate loans
- Key takeaways and practical implications
Benefits
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?
Faculty
Matthew Bisanz
Partner
Mayer Brown
Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory... | Read More
Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory issues. He advises financial institutions on core bank regulatory issues and adjacent subject matter domains. Mr. Bisanz is knowledgeable in all major aspects of the operations of an insured depository institution, its affiliates, and its partners—including chartering, acquisition, and permissibility analyses; ongoing risk management, governance, and compliance requirements; and insolvency and resolution issues. He also advises clients on Dodd-Frank Act compliance issues, including the Volcker Rule, capital and liquidity requirements, Reg YY enhanced prudential standards, and Title VII compliance. Further, his practice extends to the other regulatory and risk management needs of the firm’s financial institution clients through counseling on regulatory inventories and change management, cybersecurity and data privacy concerns, and anti-money laundering compliance. Mr. Bisanz currently serves as the Vice-Chair of the American Bar Association’s subcommittee on banking legislation and regulation.
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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
Mr. Chorazak’s practice centers on providing strategic bank regulatory advice to domestic and foreign banks, non-bank financial institutions, and financial technology firms. His expertise covers the full spectrum of banking law, from traditional bank regulatory issues to cutting-edge regulatory and legislative developments. He regularly counsels on issues arising under key U.S. banking laws, including the Dodd-Frank Act, the Bank Holding Company Act, the Change in Bank Control Act, the International Banking Act, the Bank Secrecy Act, and the Bank Service Company Act. Among other areas, Mr. Chorazak advises on authority and control questions, fintech and financial innovation issues, chartering and expansionary proposals, corporate governance practices, affiliate transaction restrictions, Volcker Rule compliance, anti-money laundering and sanctions compliance, and enforcement actions. In addition, he advises on capital and debt offerings and private investments in bank and non-bank financial institutions. Mr. Chorazak has obtained regulatory approvals on a wide range of transactions, including for some of the largest bank mergers.
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Carleton Goss
Partner
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
Mr. Goss leverages his experience as a lawyer with the Office of the Comptroller of the Currency to resolve financial institutions’ most complex regulatory and enforcement matters. He also counsels financial institutions on mergers and acquisitions and securities offerings. Mr. Goss’ close collaboration with seasoned bank examiners on the supervision of problem institutions assigned to the OCC’s Special Supervision unit, as well as his role with multiple rulemakings under the Dodd-Frank Act, give him a unique, insider’s perspective on bank regulatory compliance, supervision, enforcement and public policy. Coupled with his investigative and enforcement experience acquired representing financial institutions before the CFPB, OCC, FinCEN, Federal Reserve, the FDIC and others while serving in the Financial Institutions group of a Washington, DC law firm, and corporate experience in mergers and acquisition and securities offerings, Mr. Goss is uniquely qualified to advise financial institutions on virtually all aspects of their operations.
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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
Mr. Korzeniewski provides legal advice to OCC policy and examination colleagues on interpreting complex banking laws and regulations, with a focus on capital, regulatory reporting, and securitization matters. He works closely with staff at other financial regulatory agencies, including the Federal Reserve and FDIC, to implement new regulations, including the Basel III capital rule and the credit risk retention rule under the Dodd-Frank Act. With his background as a CPA, Mr. Korzeniewski provides tailored legal guidance to OCC stakeholders on accounting and tax matters relevant to the agency and supervised financial institutions.
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