pc
nid 91507
Mar 25, 2026
pdonofrio@vixio.com
US Track 2
U.S. Department of the Treasury
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2097 charsFinancial Stability Oversight Council Issues Proposed Guidance on Nonbank Financial Company Designations
On March 25, 2026, the Financial Stability Oversight Council (FSOC) voted unanimously to issue proposed interpretative guidance on nonbank financial company designations for public comment. The guidance reintroduces elements from the Council's 2019 interpretive guidance while incorporating enhancements reflecting the Council's current understanding of financial stability risks.
The proposed guidance establishes four key priorities. First, it incorporates economic growth and economic security into the Council's analysis of risks to financial stability, recognising that economic growth provides the foundation for financial stability and that economic security supports economic growth. Second, it prioritises an activities-based approach to identifying, assessing, and addressing potential risks to U.S. financial stability, with entity-specific designations pursued only when risks cannot be adequately addressed through activities-based measures. Third, it enhances analytical rigor by requiring the Council to perform a cost-benefit analysis before designating any nonbank financial company, making a designation only if expected benefits justify expected costs. The Council will also assess the likelihood of material financial distress as part of this analysis. Fourth, the guidance provides a pre-designation "off-ramp" and promotes greater transparency by identifying steps nonbank financial companies or financial regulators could take to address potential threats to financial stability, allowing time for material risks to be mitigated before formal designation.
The proposed guidance is available for a 45-day public comment period following its publication in the Federal Register. Comments can be submitted during this period, with the full text of the proposed guidance accessible through the U.S. Department of the Treasury website.
**References:**
U.S. Department of the Treasury. (2026, March 25). Financial Stability Oversight Council Issues Proposed Guidance on Nonbank Financial Company Designations. Retrieved from https://home.treasury.gov/news/press-releases/jy2570
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872 charsUS Financial Stability Oversight Council Proposes Guidance on Nonbank Financial Company Designations
On March 25, 2026, the US Financial Stability Oversight Council (FSOC) issued proposed guidance on nonbank financial company designations.
The proposed guidance would reinstitute various elements first introduced under 2019 FSOC guidance, as well as adding enhancements that reflect FSOC’s current understanding of financial stability.
Specific provisions of the proposed guidance include, but are not limited to:
Incorporating economic growth and economic security into FSOC analysis of financial stability risks.
Prioritizing the identification and assessment of risks through an activities-based approach.
Enhancing analytical rigor by committing to performing a cost-benefit analysis before a designation decision.
Providing a pre-designation “off-ramp” and promoting greater transparency.
Interested parties may submit comments until May 9, 2026 at this link .