FDIC Board to Propose Resolution Rule

The Federal Deposit Insurance Corp. board will propose another rule Tuesday on how it will run its new resolution authority, but not consider requirements on lenders retaining pieces of securitized loans.

The Dodd-Frank Act gave the FDIC vast new powers to wind down failing companies deemed too systemically important to go through the bankruptcy process.

In a narrow rulemaking in January, the agency already set standards for the rare cases in which creditors could get extra relief — more than similarly classed creditors — in a resolution.

According to the meeting agenda released by the FDIC, the proposed rule to be considered Tuesday is "regarding [the] priorities and claims process" under the new resolution authority.

It is expected to be broader than the January rule.

But the agenda did not mention the risk retention rule, which some observers had expected to come up at the March meeting.

As many as seven regulators are required under Dodd-Frank to collaborate on the rule, and the process was delayed while regulators debated whether to include new servicing rules as part of the risk retention plan.

The new law generally requires lenders to retain 5% of loans sold on the secondary market.

It also calls on regulators to define a class of safe "qualified residential" mortgage that would be exempt from the retention requirement.

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