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capital and other bank regulations (1)

Capital & Other Bank Regulations

Bank capital regulations are vital to the safety and soundness of our economy by ensuring unintended consequences do not impede economic growth.

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SFA is focused on the impact of regulatory capital and liquidity rules – whether new via proposed regulation or legislative action – and related bank regulatory developments. We are especially focused on implications for the securitization market, as well as on the follow-on effects of these policies for bank lending and availability of credit for consumers and small businesses.

SFA’s Corporate Transparency Act working group has produced a set of Frequently Asked Questions that communicate member consensus views about issues arising from the statute and FinCEN’s Beneficial Ownership Information Reporting Rule that are particularly relevant to the structured finance industry. Topics include: (1) whether an entity can claim the subsidiary exemption from the rule, (2) to what extent individuals associated with securitization issuing entities have “substantial control” over those entities, and (3) whether a repo counterparty financing the equity of a securitization entity might become the “owner” of such entity and jeopardize its eligibility for the subsidiary exemption.

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Publications & Resources

On June 13, 2024, the Structured Finance Association published a consensus document relating to FinCEN’s Beneficial Ownership Information Reporting Requirements
On April 5, Structured Finance Association submitted a letter in response to the NAIC’s memo from February 14, 2024, titled “Response to Written Comments on Holistic Framework on Insurers Investments”. The NAIC’s proposed updates to the Holistic Framework include a due…
Main Takeaway SFA’s recent comments to the U.S. government agencies charged with implementing the Dodd-Frank Act’s “Volcker rule” stress that the rule must accurately capture the intention of the statute without impeding securitization transactions. Background The Dodd-Frank Act’s “Volcker rule,”…
SFA & BPI Support OCC & FDIC proposed rulemaking to validate VWM doctrine