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12 U.S.C. § 5333 — Study of the effects of size and complexity of financial institutions on capital market efficiency and economic growth

submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires a study of how the size and complexity of financial institutions affect capital-market efficiency and economic growth. It identifies the matters the study must address and the report required.

(a) Study required (1) In general The Chairperson of the Council must carry out a study of the economic impact of possible financial services regulatory limitations intended to reduce systemic risk. Such study must estimate the benefits and costs on the efficiency of capital markets, on the financial sector, and on national economic growth, of— (A) explicit or implicit limits on the maximum size of banks, bank holding companies, and other large financial institutions; (B) limits on the organizational complexity and diversification of large financial institutions; (C) requirements for operational separation between business units of large financial institutions in order to expedite resolution in case of failure; (D) limits on risk transfer between business units of large financial institutions; (E) requirements to carry contingent capital or similar mechanisms; (F) limits on commingling of commercial and financial activities by large financial institutions; (G) segregation requirements between traditional financial activities and trading or other high-risk operations in large financial institutions; and (H) other limitations on the activities or structure of large financial institutions that may be useful to limit systemic risk. (2) Recommendations The study required by this section must include recommendations for the optimal structure of any limits considered in subparagraphs (A) through (E), in order to maximize their effectiveness and minimize their economic impact. (b) Report Not later than the end of the 180-day period beginning on July 21, 2010 , and by every 5 years thereafter, the Chairperson must issue a report to the Congress containing any findings and determinations made in carrying out the study required under subsection (a).

the actual law source: uscode.house.gov ↗public domain
(a) Study required
(1) In general

The Chairperson of the Council shall carry out a study of the economic impact of possible financial services regulatory limitations intended to reduce systemic risk. Such study shall estimate the benefits and costs on the efficiency of capital markets, on the financial sector, and on national economic growth, of—

(A)

explicit or implicit limits on the maximum size of banks, bank holding companies, and other large financial institutions;

(B)

limits on the organizational complexity and diversification of large financial institutions;

(C)

requirements for operational separation between business units of large financial institutions in order to expedite resolution in case of failure;

(D)

limits on risk transfer between business units of large financial institutions;

(E)

requirements to carry contingent capital or similar mechanisms;

(F)

limits on commingling of commercial and financial activities by large financial institutions;

(G)

segregation requirements between traditional financial activities and trading or other high-risk operations in large financial institutions; and

(H)

other limitations on the activities or structure of large financial institutions that may be useful to limit systemic risk.

(2) Recommendations

The study required by this section shall include recommendations for the optimal structure of any limits considered in subparagraphs (A) through (E), in order to maximize their effectiveness and minimize their economic impact.

(b) Report

Not later than the end of the 180-day period beginning on July 21, 2010, and not later than every 5 years thereafter, the Chairperson shall issue a report to the Congress containing any findings and determinations made in carrying out the study required under subsection (a).

Source credit: (Pub. L. 111–203, title I, § 123, July 21, 2010, 124 Stat. 1412.)

history & why it existsrecord from the source credit
  • 2010Enacted · Pub. L. 111-203 · 124 Stat. 1412

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.

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