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OCC has discretion to determine how it will convey its decisions, but the criteria it uses to determine when and whether to publish its decisions are unclear. For the equity hedging decision, OCC first determined that banks holding equities to hedge equity derivative transactions was a permissible activity under the National Bank Act. OCC then decided that the requesting banks would not be allowed to engage in the activity of equity hedging without first obtaining supervisory staff approval of their activities and risk management systems, enabling OCC to ensure that each bank had the necessary risk management systems in place to monitor risks and prevent speculation. OCC did not publish its ...
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