Coming from a bank (but with limited interaction with regulators), regulators usually try to work within the law. However, I would like to remind you the law is all contradicting and has literally tens if not hundreds of thousands of various laws each one with its own implications.
Point being, regulators can justify just about anything. That is why all large banks have an army of lawyers. They then work with regulators to find some middle ground.
Point being, regulators can justify just about anything. That is why all large banks have an army of lawyers. They then work with regulators to find some middle ground.