Bank Capital Requirements Update: Basel III Endgame and Other Developments on Capital and Leverage Requirements
Impact on Lending Structures, Documentation, Product Pricing, Increased Cost Provisions, and Other Key Terms
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Banking and Finance
- event Date
Tuesday, February 3, 2026
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide an update on the status of the Basel III Endgame rules and highlight recent developments relating to bank regulatory capital and leverage requirements. The panel will discuss how recent developments in this area may impact loan structures and loan documentation going forward.
Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory issues. He advises financial institutions on core bank regulatory issues and adjacent subject matter domains. Mr. Bisanz is knowledgeable in all major aspects of the operations of an insured depository institution, its affiliates, and its partners—including chartering, acquisition, and permissibility analyses; ongoing risk management, governance, and compliance requirements; and insolvency and resolution issues. He also advises clients on Dodd-Frank Act compliance issues, including the Volcker Rule, capital and liquidity requirements, Reg YY enhanced prudential standards, and Title VII compliance. Further, his practice extends to the other regulatory and risk management needs of the firm’s financial institution clients through counseling on regulatory inventories and change management, cybersecurity and data privacy concerns, and anti-money laundering compliance. Mr. Bisanz currently serves as the Vice-Chair of the American Bar Association’s subcommittee on banking legislation and regulation.
Mr. Goss leverages his experience as a lawyer with the Office of the Comptroller of the Currency to resolve financial institutions’ most complex regulatory and enforcement matters. He also counsels financial institutions on mergers and acquisitions and securities offerings. Mr. Goss’ close collaboration with seasoned bank examiners on the supervision of problem institutions assigned to the OCC’s Special Supervision unit, as well as his role with multiple rulemakings under the Dodd-Frank Act, give him a unique, insider’s perspective on bank regulatory compliance, supervision, enforcement and public policy. Coupled with his investigative and enforcement experience acquired representing financial institutions before the CFPB, OCC, FinCEN, Federal Reserve, the FDIC and others while serving in the Financial Institutions group of a Washington, DC law firm, and corporate experience in mergers and acquisition and securities offerings, Mr. Goss is uniquely qualified to advise financial institutions on virtually all aspects of their operations.
On July 27, 2023, U.S. federal banking regulators jointly released proposed changes to the capital requirements for midsize and larger U.S. banking organizations. These revisions were expected to be one of the most consequential changes to U.S. banking regulation since the 2010 passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act. However, the future of these rules remains uncertain based on the banking industry's objections and the new administration's approach to streamline capital and liquidity rules in opposition to the Basel III Endgame.
The Basel III Endgame revisions are lengthy and significantly change the requirements for credit, market, and operational risk. Some of the revisions are long expected (e.g., reevaluation of the use of internal models), but others are novel (e.g., capital charge for operational risk) or driven in response to the 2023 banking crisis. Further, the revisions materially increase the amount of capital that many larger banking organizations must hold, which may lead to a decline in bank lending and bank trading activities.
On July 10, 2025, federal banking agencies published a proposed rule to change the enhanced supplementary leverage ratio (eSLR) for U.S. global systemically important bank holding companies (GSIBs) and their subsidiary banks, as well as total loss-absorbing capacity (TLAC) leverage buffer and long-term debt requirements (LTD) for U.S. GSIBs. These changes are intended to make capital and leverage requirements more efficient and encourage banking organizations to engage more readily in low-risk or low-return activities.
Terms and provisions in loan documents can affect certain loans' classification and their treatment under the capital rules. Some loans can be structured to avoid being subject to certain capital charges. Bank counsel must have a thorough understanding of the capital rules' nuances to minimize their impact on profitability in any given transaction.
Listen as our authoritative panel of regulatory and finance attorneys analyzes the current state of U.S. bank capital rules and their impact on the commercial lending environment and provides guidance on how lenders may want to alter loan structures and loan documentation to accommodate the current and future regulatory framework.
I. Current status of Basel III Endgame requirements
II. Federal banking agencies' recent proposed rules to change eSLR
III. Banking organizations impacted by current and proposed bank capital and leverage requirements
IV. Impact on lending structures and documentation
V. Key takeaways and practical implications
The panel will review these and other key issues:
- How will changes to the U.S. capital rules impact the commercial lending landscape?
- What loan documentation provisions are of critical concern for lenders, and where is there room for negotiation?
- How can loans be structured to avoid or minimize additional capital requirements?
- What are some key terms and conditions lenders should include in loan documentation to account for the current and proposed rules?
Related Courses
Bank Capital Requirements Update: Basel III Endgame and Other Developments on Capital and Leverage Requirements
Tuesday, February 3, 2026
1:00 p.m. ET./10:00 a.m. PT