Title 12Banks and BankingRelease 119-73not60

§5333 Study of the Effects of Size and Complexity of Financial Institutions on Capital Market Efficiency and Economic Growth

Title 12 › Chapter 53— WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter I— FINANCIAL STABILITY › Part A— Financial Stability Oversight Council › § 5333

Last updated Apr 3, 2026|Official source

Summary

The Chairperson of the Council must study how rules aimed at reducing systemic risk in big financial firms would affect the economy. The study must estimate the benefits and costs of such rules for how well capital markets work, for the financial sector, and for national economic growth. It must cover eight kinds of limits, for example: caps on the size of banks and holding companies, limits on how complex or diversified firms can be, rules to separate business units to make failures easier to handle, limits on moving risk between units, requirements for backup capital, limits on mixing commercial and financial work, separating traditional banking from risky trading, and similar limits. The study must also give recommendations on how to design the first five types of limits so they work best and cause the least economic harm. The Chairperson must send a report to Congress by the end of the 180-day period that began on July 21, 2010, and then every 5 years after that.

Full Legal Text

Title 12, §5333

Banks and Banking — Source: USLM XML via OLRC

(a)(1)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)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)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).

Reference

Citations & Metadata

Citation

12 U.S.C. § 5333

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60