US officials propose higher bar for "too-big-to-fail" tags

INVESTING.COMMar 25, 8:36 PM UTC

Key insights

  • US financial officials proposed a higher bar for designating non-bank firms as "too-big-to-fail," potentially reducing regulatory oversight and compliance costs for hedge funds and investment companies. This move, criticized by Senator Warren, may increase risks in areas like AI and private credit, posing a slight negative risk to overall financial stability and potentially increasing risk appetite in non-bank financial institutions.
US officials propose higher bar for "too-big-to-fail" tags

Investing.com -- Top US financial officials unveiled a proposal on Wednesday for non-bank firms to face a higher bar for regulators to potentially tag them as too-big-to-fail.

The Financial Stability Oversight Council voted Wednesday to scale back a Biden-era framework for designating hedge funds and investment companies as systemically important. That tag can bring significant compliance costs and place firms under Federal Reserve supervision. The designation has mostly been applied to large Wall Street banks since its introduction more than a decade ago.

Treasury Secretary Scott Bessent, who leads the council, said at the meeting the move is part of an effort in leveraging agencies existing regulatory tools to better address risk. A Treasury official added the proposal would take a new approach for identifying potential issues and put new rigor into the process for considering a non-bank firm for designation.

Top financial officials laid out a framework for designation in 2023 after warning oversight of non-banks had not kept pace with the firms’ expanded footprint across the financial sector. Then-Treasury Secretary Janet Yellen said at the time there would be strong procedural protections for companies under review.

Democratic Senator Elizabeth Warren criticized the move Wednesday, saying there are potential risks tied to artificial intelligence, private credit and turmoil in the oil markets. "Instead of strengthening the resilience of the financial system in the face of these risks, the Trump Administration is doing the opposite," Warren said in a statement.

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