The Volcker Rule has been only a skeleton in statutory form, but now is beginning to take shape as proposed regulations would flesh out its requirements. Now that the comment period on the proposed regulations has ended, a survey of the substantive suggestions for change displays a variety of approaches, but at least the financial institutions directly affected have made significant, and strident, criticisms of most of the proposal. Surprisingly, many foreign governments have also weighed in because of their concern about the effect on global markets generally and on their own sovereign debt specifically. Many of these topics merit serious consideration.

The financial services industry is closely watching the progress of the federal financial regulatory agencies in adopting rules to implement the Volcker Rule. [1] The rule is at Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and was enacted primarily at the urging of Paul Volcker, former Chairman of the Board of Governors of the Federal Reserve System. [2] The Agencies have issued a proposed rule (“Proposal”), the comment period for which ended on February 13. The Agencies will review and analyze the comments, before adopting a final rule that provides guidance on how a banking entity may now conduct market-making and fund activities.

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