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12 U.S.C. 5321; 12 U.S.C. 5322; 12 U.S.C. 5463; 12 U.S.C. 5468; 12 U.S.C. 5469
76 FR 44773, July 27, 2011, unless otherwise noted.
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In making any proposed or final determination with respect to whether a financial market utility is, or is likely to become, systemically important under this part, the Council shall take into consideration:
(a) The aggregate monetary value of transactions processed by the financial market utility, including without limitation—
(1) The number of transactions processed, cleared or settled;
(2) The value of transactions processed, cleared or settled; and
(3) The value of other financial flows.
(b) The aggregate exposure of the financial market utility to its counterparties, including without limitation—
(1) Credit exposures, which includes but is not limited to potential future exposures; and
(2) Liquidity exposures.
(c) The relationship, interdependencies, or other interactions of the financial market utility with other financial market utilities or payment, clearing, or settlement activities, including without limitation interactions with different types of participants in those utilities or activities.
(d) The effect that the failure of or a disruption to the financial market utility would have on critical markets, financial institutions, or the broader financial system, including without limitation—
(1) Role of the financial market utility in the market served;
(2) Availability of substitutes;
(3) Concentration of participants;
(4) Concentration by product type;
(5) Degree of tiering; and
(6) Potential impact or spillover in the event of a failure or disruption.
(e) Any other factors that the Council deems appropriate.