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Letter to Regulators: AFR Ed Fund Opposes Elimination of Derivatives Risk Controls

We strongly oppose the proposal to remove requirements to post initial margin when engaging in inter-affiliate derivatives transactions with covered swaps entities. The Agencies instituted this requirement just four years ago, concluding that these margin postings were necessary to “protect the safety and soundness of the covered swap entity in the event of an affiliated counterparty default”. Since this issue affects the key depository affiliates of the largest U.S. banks – entities at the heart of the taxpayer-supported safety net for systemically critical banks – the 2015 Final Rule also concluded that failing to require initial margin for inter-affiliate swaps would pose a threat to broader systemic stability.

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In The News: How to Buy a Regulation in Six Short Months (The American Prospect)

Under the rule, a borrower would have to sign a notice authorizing the lender to withdraw from the account after those two consecutive failures. “If I was smart, I would only sign that if there was money in there,” says Linda Jun, a policy counsel with Americans for Financial Reform, a regulatory and consumer protection coalition. “Aside from getting charged more for a negative balance, banks close bank accounts over this stuff, you could lose access to banking entirely.”

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In The News: It’s Time for Congress to Do Something About the Economic Mess that Private Equity Giants Have Created (Business Insider)

Nobel laureate economist Joseph Stiglitz: “[A] recent study by groups including Americans for Financial Reform found that private-equity bankruptcies in the retail industry alone cost 600,000 jobs. One of those laid off, Giovanna De La Rosa, told of her experiences in this publication. The best outcome would be fewer bankruptcies, but when they happen, the welfare of workers needs to be at the top of the list, not at the bottom.”

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Event: Convening on Fund Regulation

AFR held a day-long convening of experts to discuss emerging issues in the SEC regulation of registered investment companies (mutual funds and Exchange Traded Funds that are registered under the 1940 Act).

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News Release: AFR Cheers Introduction of Legislation Eliminating Opportunity Zone Tax Giveaway

Rep. Rashida Tlaib (D-Mich.) introduced groundbreaking and essential legislation to repeal the deeply flawed Opportunity Zone tax break passed as part of the 2017 tax cut legislation. In addition to the basic problems with this tax break for the wealthy, multiple media exposés have already found that the rules have been bent to include parcels that benefitted high-rolling real estate investors, including those with ties to the Trump administration.