BofA says legislative, regulatory risks growing

CHARLOTTE, N.C., Nov 6 (Reuters) - Bank of America Corp said on Friday that mounting legislative and regulatory pressure may hurt its business, a rare move for a large public company that signals how the changing landscape for banks worries management. In Bank of America's third quarter report filed on Friday, the company listed legislative and regulatory pressures as a new risk factor that investors should be aware of. The bank faces particular regulatory pressure because it has received two bailouts from the United States, totaling $45 billion, while most banks have only received one. Public companies typically only identify new risk factors at the end of the year when they post their annual reports. That is the only time they are required by securities law to do so, said Brink Dickerson, an Atlanta-based securities attorney with Troutman Sanders LLP. "The bank must have concluded the total impact of the regulation and pro-consumer legislation that's out there will be significant," Dickerson added. The Charlotte, North Carolina-based bank voiced concerns ranging from legislation to overhaul both the credit card industry and overdraft fees, to increased regulatory scrutiny and U.S. pay czar compensation curbs. Bank of America strongly objected to the pay czar's first round of cuts on Oct. 22, stating that people want to work at the bank, but also want to be paid fairly. The legislative shift and added scrutiny, they said, "create significant uncertainty for the Corporation and the financial services industry in general." Bank of America said during its third quarter earnings call on Oct. 16 that it expects to lose $200 million in fourth quarter revenue as a result of changing its overdraft fee policies in third quarter. A Bank of America spokesman did not immediately respond to a request for comment. (Reporting by Joe Rauch; Editing by Tim Dobbyn) (([e-mail]; [phone]; Reuters Messaging: [e-mail] ) Keywords: BANKOFAMERICA/RISKFACTOR COPYRIGHT Copyright Thomson Reuters 2009. All rights reserved.

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