Page:United States Statutes at Large Volume 124.djvu/1450

 124 STAT. 1424 PUBLIC LAW 111–203—JULY 21, 2010 complexity, financial activities (including the financial activities of their subsidiaries), size, and any other risk- related factors that the Board of Governors deems appro- priate. (B) ADJUSTMENT OF THRESHOLD FOR APPLICATION OF CERTAIN STANDARDS.—The Board of Governors may, pursu- ant to a recommendation by the Council in accordance with section 115, establish an asset threshold above $50,000,000,000 for the application of any standard estab- lished under subsections (c) through (g). (b) DEVELOPMENT OF PRUDENTIAL STANDARDS.— (1) IN GENERAL.— (A) REQUIRED STANDARDS.—The Board of Governors shall establish prudential standards for nonbank financial companies supervised by the Board of Governors and bank holding companies described in subsection (a), that shall include— (i) risk-based capital requirements and leverage limits, unless the Board of Governors, in consultation with the Council, determines that such requirements are not appropriate for a company subject to more stringent prudential standards because of the activities of such company (such as investment company activi- ties or assets under management) or structure, in which case, the Board of Governors shall apply other standards that result in similarly stringent risk con- trols; (ii) liquidity requirements; (iii) overall risk management requirements; (iv) resolution plan and credit exposure report requirements; and (v) concentration limits. (B) ADDITIONAL STANDARDS AUTHORIZED.—The Board of Governors may establish additional prudential standards for nonbank financial companies supervised by the Board of Governors and bank holding companies described in subsection (a), that include— (i) a contingent capital requirement; (ii) enhanced public disclosures; (iii) short-term debt limits; and (iv) such other prudential standards as the Board or Governors, on its own or pursuant to a recommenda- tion made by the Council in accordance with section 115, determines are appropriate. (2) STANDARDS FOR FOREIGN FINANCIAL COMPANIES.—In applying the standards set forth in paragraph (1) to any foreign nonbank financial company supervised by the Board of Gov- ernors or foreign-based bank holding company, the Board of Governors shall— (A) give due regard to the principle of national treat- ment and equality of competitive opportunity; and (B) take into account the extent to which the foreign financial company is subject on a consolidated basis to home country standards that are comparable to those applied to financial companies in the United States. (3) CONSIDERATIONS.—In prescribing prudential standards under paragraph (1), the Board of Governors shall—