WASHINGTON, July 30 (Reuters) - A U.S. bank regulator is
considering a stricter framework for how large asset managers
like Blackrock ( BLK ) and Vanguard can prove they are not
influencing banks where they hold large stakes.
The Federal Deposit Insurance Corporation voted on Tuesday
to advance a proposal that would see the agency exert more
influence over whether asset managers or other firms building
large stakes in banks should receive stricter regulation and
oversight.
Agency officials also indicated they may launch a review of
existing so-called "passivity agreements" with large asset
managers, with a focus on boosting FDIC oversight of their
commitments to not play an active role in bank management.
Under law, third parties that obtain a greater than 10%
stake in a bank can be considered a controlling interest in the
bank and subjected to stricter regulation and oversight. But
firms can avoid those restrictions under so-called "passivity
agreements," in which the investor commits to regulators they
will not exert influence on the bank.
Specifically, under the proposal the FDIC would remove an
existing exemption in which the agency does not review new large
investments in banks, so long as the Federal Reserve signed off
on that approach.
"It is highly inappropriate for the FDIC to abdicate the
responsibility Congress entrusted to us to safeguard the
ownership and control of the banks we supervise," said Rohit
Chopra, director of the Consumer Financial Protection Bureau and
an FDIC board member.
FDIC Chairman Martin Gruenberg also backed the proposal,
which would also seek broader feedback about the role of asset
managers obtaining large stakes in banks.
Separately, FDIC Commissioner Jonathan McKernan offered a
proposal that would have directed FDIC staff to order a review
of existing passivity agreements for some large asset managers,
and ensure the FDIC has the capacity for monitoring the
commitments those firms make. Under his plan, the FDIC would
look to strike new agreements with those firms that would do
away with the current practice of self-certification by the
firms and require FDIC monitoring.
However, McKernan did not bring that proposal up for a vote
after Gruenberg indicated such action would not require formal
board action. Gruenberg added he is open to reviewing existing
agreements, with a focus on ending the practice of
self-certification.
When asked, Gruenberg said he expected notifications to
begin review existing agreements could happen soon.
The FDIC action comes amid growing concern among some
policymakers over large asset managers' expanding footprint in
the banking sector, driven by the growth of index investing, and
what it could mean for bank management. In his remarks, Chopra
noted BlackRock ( BLK ) and Vanguard collectively control over
$17 trillion in assets, with stakes large enough to trigger
stricter oversight.
A spokesperson for Blackrock ( BLK ) declined to comment. Vanguard
said in a statement it wants a "constructive dialogue" with
regulators over passive investments.
Spokespeople for those firms did not immediately provide
comment on the FDIC's actions.
But the industry has been quick to critique this scrutiny,
calling it unjustified and burdensome.
"It is alarming to see that the FDIC is proposing to revise
the current framework in the absence of a clearly identified
problem," said Eric Pan, CEO of the Investment Company
Institute, which represents asset managers. "We fear that the
FDIC is asking the investment funds industry to prove a
negative, setting up a flawed foundation on which to impose
harmful limits and red tape on investment funds and increase
costs on American investors."