Page:United States Statutes at Large Volume 124.djvu/1537

124 STAT. 1511 PUBLIC LAW 111–203—JULY 21, 2010 (C) the risks presented by the financial company to the financial system and the extent to which the financial company has benefitted, or likely would benefit, from the orderly liquidation of a financial company under this title, including— (i) the amount, different categories, and concentra- tions of assets of the financial company and its affili- ates, including both on-balance sheet and off-balance sheet assets; (ii) the activities of the financial company and its affiliates; (iii) the relevant market share of the financial company and its affiliates; (iv) the extent to which the financial company is leveraged; (v) the potential exposure to sudden calls on liquidity precipitated by economic distress; (vi) the amount, maturity, volatility, and stability of the company’s financial obligations to, and relation- ship with, other financial companies; (vii) the amount, maturity, volatility, and stability of the liabilities of the company, including the degree of reliance on short-term funding, taking into consider- ation existing systems for measuring a company’s risk- based capital; (viii) the stability and variety of the company’s sources of funding; (ix) the company’s importance as a source of credit for households, businesses, and State and local govern- ments and as a source of liquidity for the financial system; (x) the extent to which assets are simply managed and not owned by the financial company and the extent to which ownership of assets under management is diffuse; and (xi) the amount, different categories, and con- centrations of liabilities, both insured and uninsured, contingent and noncontingent, including both on-bal- ance sheet and off-balance sheet liabilities, of the finan- cial company and its affiliates; (D) any risks presented by the financial company during the 10-year period immediately prior to the appoint- ment of the Corporation as receiver for the covered financial company that contributed to the failure of the covered financial company; and (E) such other risk-related factors as the Corporation, or the Council, as applicable, may determine to be appro- priate. (5) COLLECTION OF INFORMATION.—The Corporation may impose on covered financial companies such collection of information requirements as the Corporation deems necessary to carry out this subsection after the appointment of the Cor- poration as receiver under this title. (6) RULEMAKING.— (A) IN GENERAL.—The Corporation shall prescribe regu- lations to carry out this subsection. The Corporation shall Consultation.