FSOC Sharpens Tools to Tame Wall Street's Nonbank Behemoths
Published Date: 3/30/2026
Proposed Rule
Summary
The Financial Stability Oversight Council is updating how it watches over big nonbank financial companies to keep the U.S. economy safe. They’re focusing more on the activities these companies do, making their process clearer and smarter. If you’re involved with these companies, get ready to share your thoughts by May 14, 2026, as this could affect how they’re supervised and regulated.
Analyzed Economic Effects
7 provisions identified: 3 benefits, 3 costs, 1 mixed.
Council Prioritizes Activities-Based Review
The Council would prioritize an activities-based approach when identifying and addressing risks to U.S. financial stability and would pursue entity-specific designations under section 113 only if an activities-based approach cannot adequately address the risk. This re-establishes the approach first introduced in 2019 and would generally make entity-specific designations a secondary step.
Higher 'Threat' Threshold for Designations
The Proposed Guidance would interpret a “threat to the financial stability of the United States” to mean an impairment of financial intermediation or market functioning sufficient to inflict severe damage on the broader U.S. economy. This is a higher threshold than the 2023 Analytic Framework's “substantially impair” standard.
Cost-Benefit Required Before Designation
Before making any section 113 designation, the Council would perform a cost-benefit analysis and would make a designation only if expected benefits to financial stability justify the expected costs. The Council would quantify reasonably estimable benefits and costs (using ranges as appropriate) and would consider non‑quantified factors as well.
Council Lists Potential Designation Costs
When evaluating costs of a designation, the Council would consider company-level costs such as risk-management requirements, supervision and examination, liquidity requirements, potentially higher capital costs, and possible negative effects on a company's ability to innovate. The Council would also consider costs to the U.S. economy, including impacts on the availability and cost of credit.
Estimated 20-Hour Reporting Burden
The Paperwork Reduction Act section states the estimated total annual reporting burden associated with the collection of information in the Proposed Guidance is 20 hours, based on an estimate of 1 respondent, under OMB control number 1505-0244. The Council expects to rely on existing public and regulatory sources where possible to minimize burdens.
180-Day Timeline to Address Material Risks
Based on preliminary evaluation, the Council intends to identify steps a nonbank financial company or regulators could take to address a potential threat and generally expects material risks to be addressed within 180 days, subject to any necessary administrative procedures.
Asset Valuations Added as Vulnerability
The Proposed Guidance would add asset valuations to the list of types of vulnerabilities the Council would consider when identifying risks, and would remove the previous category labeled “destabilizing activities.” The guidance also discusses complexity, opacity, resolvability, and regulatory gaps as factors in risk analysis.
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Key Dates
Department and Agencies
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