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ドッド・フランク金融制度改革・消費者保護法 実務ガイド

Practical Guide to the Wall Street Reform and Consumer Protection Act: Understanding and Implementing Regulatory Changes under the Dodd-Frank Act

James H. Pannabecker

1 vol. Looseleaf with CD-Rom. 2010 to date.(追録年3回)

A. S. Pratt (LexisNexis). ISBN: 9780769886138

年間ご購読料金 ¥175,500

在庫あり

広範かつ複雑な規制内容と施行スケジュールを正確に提供し、同法への対応をアドバイスする資料。各章とも、概要、詳細な分析、背景、チャート、一覧表、タイムテーブル、早見表など実務に有益な資料を収録。また、定期的に発行される追補版により流動的な規則の進展を織り込んでいます。

【主な内容】

消費者金融保護局(CFPB)/住宅担保融資規制/銀行規制/2010年主流金融機関アクセス改善法/金融安定監督評議会(FSOC)/秩序ある清算/投資アドバイザーへの規制/保険規制/デリバティブ規制/監視体制/投資家保護と証券規則/消費者保護規定/不公正な取引慣行/貸付真実法/信用機会平等法/預金規制/公正信用報告法/公正債権回収法/グラム・リーチ・ブライリー法/電子資金決済法 など

【Table of Contents】

PART 1 - Introduction and Overview

1: Introduction

Executive Summary

1.01 Why Us?

1.02 Assertiveness Training

1.03 Behind the Headlines

1.04 Flexibility Offers Opportunity

1.05 ‘What Dodd-Frank Means for Smaller Institutions

1.06 Dates to Remember and Deadlines Missed

1.07 Dodd-Frank Provisions Applicable to Smaller Institutions (for example, community banks, credit unions and S&Ls)

1.08 Table of Regulatory Actions and Proposals

1.09 First Year in Review — Final Regulatory Actions

1.10 Unmet 1st Year Dodd-Frank Regulation Deadlines

1.11 Next Steps Compliance Calendar

CFPB — Regulatory Agenda for 2013

Next Steps Compliance Calendar

Next Steps Compliance Calendar -— Swaps

1.12 Swaps Implementation Delay

1.13 First Two Years in Review —— Final Actions Only [2nd Year Actions Are in Bold Italics]

2: An Overview with FAQs

2.01 Frequently Asked Questions and Answers

[a] How does the Dodd-Frank "Wall Street Reform and Consumer Protection Act attempt to prevent another financial crisis?

[b] Who sits on the Financial Stability Oversight Council (FSOC)?

[c] How can we be named a "potential threat?"

[d] What exactly does the Financial Stability Oversight Council do?

[e] Why does the Financial Stability Oversight Council have to recommend rules to the Fed? Why can't it be a big boy and adopt the rules itself?

[f] So I guess my institution doesn't need to worry about the Financial Stability Oversight Council?

[g] Well then, Why did Congress pick the Fed to assist the Financial Stability Oversight Council? Why not the FDIC or some other agency?

[h] How does the Dodd-Frank Wall Street Reform and Consumer Protection Act eliminate "too-big-to-fail?"

[i] What exactly is the new consumer protection watchdog?

[j] Is it true that the CFPB won't affect small institutions?

[k] So when does the CFPB hit the streets?

[l] What the heck is the "designated transfer date?"

[ml Does that mean we didn't need to worry about changes until the designated transfer date?

[n] What happens to all the existing regulations, such as HUD Regulation X (RESPA) and Fed Regulation Z (Truth-in-Lending)?

[o] Is there any check on the CFPB to be sure it doesn't go hog wild?

[p] What about federal preemption? Is it true that national banks have to worry about stare laws now?

[q] Is it realistic to expect the CFPB to come up with one integrated TILA/RESPA disclosure form within a year when HUD and the Fed haven't been able to do this in 10 years?

[r] How does the bill deal with Fannie and Freddie?

[s] Does Dodd-Frank include anything good for financial institutions?

[t] Turning to the mortgage provisions, I heard that the bill imposes a fiduciary duty on mortgage originators to look after the interests of their customers. What does this require?

[u] We just went through a nightmare of RESPA changes. Will it ever end?

[v] Okay, but does the yield spread prohibition apply to a lender's own' employees?

[w] You mentioned other RESPA changes. What did you mean?

[x] The CRA and quotas at Fannie and Freddie caused the subprime mortgage meltdown. What does Dodd-Frank do about them?

[y] So I've heard. What's this talk about being limited to "plain vanilla" mortgages?

[z] I understand Dodd-Frank changes the rules on credit score disclosures. Is that so?

[aa] Why does Dodd-Frank take away our interchange fee income? We're going to have to raise other fees, maybe take away free checking. What on earth do debit card interchange fees have to do with the financial crisis?

[bb] When will we be finished implementing Dodd-Frank?

[cc] How does Dodd-Frank treat small financial institutions differently?

[dd] In light of all the Dodd-Frank requirements, when and where did the agencies start?

[ee] What's this about budget constraints and agencies deferring Dodd-Frank implementation?

[ff] What's the likelihood of repeal of the Dodd-Frank Act?

[ggl What's the deal with the CFPB and the states? Are we going to have to face the Feds doing one thing and the states another?

[hh] What's the fuss about conflict minerals? Does it have anything to do with Wall Street reform or consumer protection?

[ii] The Electronic Payments Coalition issued a study ("‘Where's the Debit Discount?"), which concluded that retail merchants have not lived up to their promise to lower prices in response to lower debit card interchange fees (the Durbin Amendment and Regulation II). Does this mean the debate is over?

[jj] So is Dodd-Frank a failure or a success?

[kk] What is this about a lawsuit challenging Dodd-Frank?

PART 2 - The New Look of Traditional Banking

3: The New Regulator: Consumer Financial Protection Bureau

Executive Summary

Table of Regulations

Regulatory Actions

3.01 Establishment and Administration of the CFPB

3.02 General Powers of the CFPB (and Some Key Definitions)

3.03 Council Review of CFPB Regulations

3.04 Supervision of Nondepositories

3.05 Supervision of Very Large Banks, Savings Associations, and Credit Unions

3.06 Limited CFPB Supervision of small Insured Depositories

3.07 What Doesn't the CFPB Cover?

3.08 Additional Limitations -— Usury Limits, Attorney General, Secretary of the Treasury, Deposit Insurance and Share Insurance, Fair Housing Act

3.09 Authority to Restrict Mandatory Pre-Dispute Arbitration

3.10 Prohibiting Unfair, Deceptive, or Abusive Act or Practices (UDAAP)

3.11 Disclosures

3.12 Consumer Rights to Access Information

3.13 Consumer Complaints and Inquiries

3.14 Private Education Loan Ombudsman

3.15 Preemption

3.16 Subtitle E -— Enforcement Powers

3.17 Subtitle G -— Regulatory Improvements

3.18 Next Steps — Regulations, Studies, Guidelines

3.19 Prognostication (Through the Looking Glass)

4: Mortgage Lending Reform

Executive Summary

Chart of Dodd-Frank Mortgage Lending Provisions

Table of Regulations

Table of Regulatory Actions

Timeline

4.01 Standards Affecting Mortgage Loan Originations

4.02 Minimum Standards For Mortgage Loans

4.03 High-Cost Mortgage Loans

4.04 TILA Civil Liability Provisions

4.05 RESPA Amendments

4.06 Mortgage Servicing

4.07 Appraisal Requirements

4.08 Mortgage Resolution and Modification

4.09 CFPB

4.10 Required Studies

4.11 Next Steps Regulations

4.12 Prognostication (Through the Looking Glass)

5: Changes Affecting Traditional Banking Regulation

Executive Summary

Table of Regulations

Table of Regulatory Actions

Timeline

5.01 Abolishment of OTS and Splitting of Functions

5.02 Regulatory Changes Made by Title III

5.03 Regulatory Changes Made by Title VI

5.04 Emergency Lending and Financial Stabilization

5.05 Next Steps — Regulations and Agency Issuances

5.06 Prognostication — Beyond the Looking Glass

6: Improving Access to Mainstream Financial Institutions Act of 2010

Executive Summary

Table of Regulatory Actions

6.01 Expanded Access to Mainstream Financial Institutions

6.02 Low-Cost Alternatives to Payday Loans

6.03 Grants to Establish Loan-Loss Reserve Funds

6.04 Procedural Provisions — Application Requirement

6.05 Authorization of Appropriations

6.06 Regulations

6.07 Evaluation and Reports to Congress

6.08 Prognostication — Beyond the Looking Glass

PART 3 - Systemic Reforms: Beyond Traditional Banking

7: Oversight of U.S. Financial Stability; No More "Too Big to Fail" Institutions

Executive Summary

Table of Regulations

Table of Regulatory Actions

Timeline

7.01 Financial Stability Oversight Council

7.02 FRBIFSO Council Authority to Supervise and Regulate Nonbank Financial Companies

7.03 Enhanced Supervision and Prudential Standards to Prevent Risks to U.S. Financial Stability

7.04 Provisions That Potentially Apply to Financial Institutions Generally

7.05 Special FDIC Examinations and Backup Enforcement Powers

7.06 Access to U.S. Financial Market by Foreign Institutions

7.07 International Policy Coordination

7.08 GAO Studies

7.09 FSO Council Study

7.10 Action Items — Regulations

7.11 Prognostication — Reading the Tea Leaves

8: Orderly Liquidation

Executive Summary

Table of Regulations

Table of Regulatory Actions

Timeline

8.01 Appointment of FDIC as Receiver

8.02 Systemic Risk Determination

8.03 Orderly Liquidation Generally

8.04 Ban Against Senior Executives and Directors and Clawback Requirements

8.05 Prohibition on Taxpayer Funding

8.06 Other Provisions of Title II

8.07 Next Steps — Regulations

8.08 Prognostication

9: Regulation of Advisers to Hedge Funds and Others

Executive Summary

Table of Regulations

Table of Regulatory Actions

9.01 Exemptions From Registration

9.02 Asset Threshold

9.03 Effect of Registration

9.04 Confidential Information

9.05 Custody of Client Assets

9.06 Net Worth Standard for Accredited Investors

9.07 Next Steps

9.08 Prognostication

10: Insurance Reform

Executive Summary

Table of Regulations

Table of Regulatory Actions

Timeline

10.01 Federal Insurance Office Act of 2010

10.02 State-Based Insurance Reform —- Nonadmitted Insurance

10.03 State-Based Insurance Reform — Reinsurance

10.04 Next Steps -- Regulation

10.05 Prognostication — Through the Looking Glass

11: Derivatives Regulation

Executive Summary

Table of Regulations

Table of Proposed and Final Regulations Related to Dodd-Frank Derivatives Provisions

Swaps Implementation Delay

Timeline

11.01 Swap Push-Out Rule

11.02 Regulation of Over-the Counter Swaps Markets

11.03 Clearing Requirements

11.04 Trading

11.05 Public Reporting

11.06 Some of the Details

11.07 Next Steps —- Regulations and Reports

11.08 Prognostication -— Through the Looking Glass

12: Payment, Clearing and Settlement Supervision

Executive Summary

Table of Regulations

Table of Regulatory Actions

12.01 Important Definitions

12.02 Designation of Systemic Importance

12.05 Risk Management Standards

12.04 Compliance by Designated FM Utilities

12.05 Compliance by Financial Institutions Engaged in Designated PCS Activities

12.06 Next Steps — Regulations

12.07 Prognostication — Through the Looking Glass

13: Investor Protections and Securities Regulation

Executive Summary

Table of Regulation

Table of Regulatory Actions

Timeline

13.01 Enhanced Protection of Consumers

13.02 Enhanced Securities Regulatory Enforcement and Remedies

13.03 Regulation of Credit Rating Agencies

13.04 Credit Risk Retention in Asset-Backed Securitizations

13.05 Accountability and Executive Compensation

13.06 Corporate Governance

13.07 Municipal Securities

13.08 Public Company Accounting and SEC Reform

13.09 Next Steps — Regulations and Studies

13.10 Prognostication -——- Through the Looking Glass

PART 4 - The New Look of Consumer Protection

14: The Bureau Assumes the Mantle

15: Unfair Trade Practices

Executive Summary

Table of Regulations

Table of Regulatory Actions

15.01 Protection From Unfair, Deceptive or Abusive Acts or Practices

15.02 Next Steps

15.03 Prognostication — Through the Looking Glass

16: Truth-in-Lending and Consumer Leasing

Executive Summary

Table of Regulations

Table of Regulatory Actions

16.01 Truth-in-Lending

16.02 Consumer Leasing

16.03 Next Steps — Regulations

16.04 Prognostication (Through the Looking Glass)

17: Equal Credit Opportunity

Executive Summary

Chart of ECOA Sections Affected by Dodd-Frank

Table of Regulatory Actions

17.01 Copy of Appraisal or Valuation

17.02 Small Business Loan Data Collection

17.03 Office ofFa.i1' Lending and Equal Opportunity

17.04 Limitation on Actions

17.05 Credit Score Disclosures

17.06 Next Steps

17.07 Prognostication — Through the Looking Glass

18: Deposit Regulations

Executive Summary

Table of Regulatory Actions

18.01 Expedited Funds Availability Act (EFAA) Improvements

18.02 Truth-in-Savings Act

18.03 Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance

18.04 Next Steps

18.05 Prognostication

19: Fair Credit Reporting Act

Executive Summary

Table of Regulatory Actions

Timeline

19.01 Credit Scores

19.02 Shared Rulemaking Responsibility

19.03 Other FCRA Developments

19.04 Next Steps

19.05 Prognostication -— Through the Looking Glass

20: Fair Debt Collection Practices Act

Executive Summary

Table of Regulatory Actions

20.01 Next Steps

20.02 Prognostication —Through the Looking Glass

21: Gramm-Leach-Bliley Act Privacy Provisions

Executive Summary

Table of Regulatory Actions

21.01 Security Guidelines

21.02 Next Steps

21.03 Prognostication -- Through the Looking Glass

22: Electronic Fund Transfer Act

Executive Summary

Table of Regulatory Actions

Timeline

22.01 Remittance Transfers

22.02 Interchange Fees

22.03 Prepaid Cards

22.04 Non-Dodd-Frank Changes Made After CFPB's Transfer of Authority

22.05 Steps Required by Dodd-Frank

22.06 Prognostication —- Through the Looking Glass

23: Mortgage-Specific Regulations

Executive Summary

Chart of Dodd-Frank RESPA Provisions

Table of Regulations

Table of Regulatory Actions

23.01 Real Estate Settlement Procedures Act

23.02 Home Mortgage Disclosure Act

23.03 SAFE Mortgage Licensing Act

23.04 Alternative Mortgage Transactions Parity Act

23.05 Section 626, Omnibus Appropriations Act

23.06 Appraisals

23.07 Next Steps – Regulations

25.08 Prognostication — Through the Looking Glass

24: Other Dodd-Frank Consumer Protection Provisions

Executive Summary

Table of Regulatory Actions

24.01 Interstate Land Sales Registration

24.02 Payday Lending

24.03 Next Steps

24.04 Prognostication — Through the Looking Glass