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Regulators issue statement regarding extension of credit for Reg O

The OCC, Federal Reserve Board, and the FDIC have issued a “Statement Regarding Status of Certain Investment Funds and Their Portfolio Investments for Purposes of Regulation O and Reporting Requirements Under Part 363 of FDIC Regulations.” This interagency statement explains that the agencies will exercise discretion not to take action against banks, or against certain asset managers that become principal shareholders of banks (principal shareholder fund complexes), with respect to certain extensions of credit by banks to portfolio companies of the principal shareholder fund complex (fund complex-controlled portfolio companies) that otherwise would violate Regulation O, provided certain eligibility criteria are satisfied.

The federal banking agencies are providing this temporary relief while the Fed, in consultation with the other federal banking agencies, considers whether to amend Regulation O to address this issue.

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