Wells Fargo would do the deal on behalf of an energy company and charge a fee for the service, said three people familiar with the request who were not authorized to discuss it publicly. A green light could help Wells Fargo grow a business catering to industrial clients even as the bank grapples with several scandals in its retail division. Like other large lenders, the San Francisco-based company may already perform metal trades through a non-bank affiliate that does not rely on federally-backed deposits. The US Federal Reserve oversees those entities.
Wells Fargo said such business already exists. "Metals leasing is a common and effective financing approach for many companies that use precious metals in their products," said a company spokesman. However, Wells Fargo has asked whether some of that business could reside in the banking division, sources said. Doing so could be less costly because it is able to tap cheaper financing than the non-bank unit, and therefore may allow Wells to offer more competitive terms for clients. Wells Fargo declined to comment about its request to the OCC.
The OCC rule strictly prohibits banks from speculating in metals markets but does allow banks to accept metals as collateral for ordinary loans. The OCC has said it would review loans on a case-by-case basis. The regulator left room for exceptions and its guidance in this case could be an indication of how it plans to enforce the rule under its new chief, Joseph Otting. The OCC is now reviewing Wells Fargo's request, the sources said.
Wells is a small player in physical commodities trading, and in precious metals in particular banks such as HSBC Holdings PLC, UBS Group AG, JPMorgan Chase & Co and Bank of Nova Scotia have much greater presence. However, Wells is trying to grow its services to corporations and financial institutions - known as 'wholesale banking' - to compete with rivals, such as JPMorgan, Citigroup Inc and Bank of America Corp. Wells earned $6.5 billion from the wholesale banking business in the first three quarters of the year, up 8.4 percent from the same period in 2016. It represented 41 percent of its total net income.
As Wells Fargo awaits the regulator's response, it is also facing more scrutiny related to the long-running sales scandal, primarily in its consumer bank. The bank reached a $190 million settlement with the OCC and other agencies in September 2016 after revelations that thousands of employees have opened phony accounts in customers' names without their permission. As many 3.5 million accounts may have been affected.