Author: Maurizio Trapanese Publisher: ISBN: 9781636480824 Category : Languages : en Pages : 88
Book Description
This book analyses the interactions between financial regulation and crises with reference to the experience of the United States in the period after the global financial crisis up to the COVID-19 emergency. The US case has been framed in a more general context, making extensive reference to the theoretical literature that has examined in depth the interactions between financial laws and crises throughout the centuries (and across countries). In the last few years, a new regulatory system for large banks has arisen in the US, reversing some elements of the Dodd-Frank Act and introducing deviations from the prudential rules agreed by the G20 after the financial crisis of 2007-09. This approach is confirmed by some of the measures adopted in response to COVID-19. These signs of a softened approach to banking regulation (and supervision) are also spreading beyond the United States and they can be inferred from a variety of circumstances and institutional contexts This is a sign that the pendulum on financial regulation is swinging back again. The cumulative effect of these trends could force the globally harmonized approach to regulation to be broken down, also in the light of the situation triggered by the COVID-19 pandemic. A trend towards easing or suspending prudential rules now could expose the international banking system to growing risks in the years to come. In the current exceptional circumstances as well, the international standards must not be breached, as they provide the resilience needed to sustain lending to the economy, and to keep banks safe. It is important to stress that the banking systems that seem to be in a better position to withstand the present shock - having higher average levels and quality of prudential requirements - are those more advanced in the consistent implementation of the G20 international standards. With the memory of the global financial crisis fading and the long post-crisis economic expansion coming to an end, the pressures to dilute the G20 rules could grow stronger. The importance of maintaining a consistent approach to needs to be emphasized. About the author: Maurizio Trapanese is Director in the DG Economics, Statistics and Research of the Bank of Italy. His responsibilities include research on the international prudential regulation, the cyclicality of financial laws, and the EU framework for crisis management. Previously, he worked in the DG Supervision, where he was involved in the international negotiations on prudential rules. He has participated to international committees at the Eurosystem, EU, and global level, directly contributing to the finalization of the post-financial crisis standards and the EU single rulebook in banking.
Author: Stefano Pagliari Publisher: ISBN: 9781781485484 Category : Business & Economics Languages : en Pages : 258
Book Description
How can we mitigate the risk that the financial regulatory process may unduly favour narrow industry interests at the expense of the public? The global financial crisis brought the close interaction between policymakers and financial industry players in the regulation of financial markets under the spotlight, and highlighted the risk that this proximity may distort the content of regulatory policies away from the public interest. However, while references to the concept of regulatory capture have permeated much of the discourse on financial regulation, a debate regarding policy measures which could be introduced to strengthen the integrity of the policymaking process in finance has struggled to emerge. This publication makes a contribution towards addressing this gap. It combines the perspectives of academics, former regulators, financial industry practitioners, representatives of consumer groups and non-financial end users, and policymakers from outside finance, to discuss the aspects of the policymaking process in finance which may divert the content of regulatory policies away from the public interest, as well as available policy solutions to mitigate this risk.Driven by hubris, greed and stupidity bankers led the charge off the cliff. But where were the regulators? Why did they not see it coming? Why did they not prevent it? Why did they trust bankers to know what was best for banking? In short, how could regulators have been so dumb as to believe that bankers were so smart? This book supplies answers to these questions. It explores the ways in which regulators can sometimes be captivated, co-opted and conned by those they regulate. Best of all, it suggests a number of actionable policies to mitigate the problem. Robert Jenkins (external member of the Financial Policy Committee of the Bank of England and Adjunct Professor, Finance at London Business School)
Author: Edward V. Murphy Publisher: CreateSpace ISBN: 9781490957739 Category : Business & Economics Languages : en Pages : 58
Book Description
Financial regulatory policies are of interest to Congress because firms, consumers, and governments fund many of their activities through banks and securities markets. Furthermore, financial instability can damage the broader economy. Financial regulation is intended to protect borrowers and investors that participate in financial markets and mitigate financial instability. This report provides an overview of the regulatory policies of the agencies that oversee banking and securities markets and explains which agencies are responsible for which institutions, activities, and markets. Banking U.S. banking regulation traditionally focuses on prudence. Banks' business decisions are regulated for safety and soundness and adequate capital. In addition, banks are given access to a lender of last resort, and some bank creditors are provided guarantees (deposit insurance). Regulating the risks that banks take is believed to help smooth the credit cycle. The credit cycle refers to periodic booms and busts in lending. Prudential safety and soundness regulation and capital requirements date back to the 1860s when bank credit formed the money supply. The Federal Reserve as lender of last resort was created following the Panic of 1907. Deposit insurance was established in the 1930s to reduce the incentive of depositors to withdraw funds from banks during a financial panic. Securities, Derivatives, and Similar Contract Markets Federal securities regulation has traditionally focused on disclosure and conflicts of interest, rather than on prudence. Securities regulation is typically designed to ensure that market participants have access to enough information to make informed decisions, rather than to limit the riskiness of the business models of publicly traded firms. Firms that sell securities to the public must register with the Securities and Exchange Commission (SEC). SEC registration in no way implies that an investment is safe, only that material risks have been disclosed. The SEC also registers several classes of securities market participants and firms. It has enforcement powers for certain types of industry misstatements or omissions and for certain types of conflicts of interest. Derivatives trading is supervised by the Commodity Futures Trading Commission (CFTC), which oversees trading on the futures exchanges, which have self-regulatory responsibilities as well. The Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) required more disclosures in the over-the-counter derivatives market than prior to the financial crisis and has granted the CFTC and SEC authority over large derivatives traders. Government Sponsored Enterprises The Federal Housing Finance Agency (FHFA) oversees a group of government-sponsored enterprises (GSEs). Two of the GSEs, Fannie Mae and Freddie Mac, securitize residential mortgages, and they were placed in conservatorship following mortgage losses in 2008. In the conservatorship, the Treasury provides financial support to the GSEs and FHFA and Treasury have managerial control over the enterprises. FHFA also regulates the Federal Home Loan Bank (FHLB) system. Changes Following the 2008 Financial Crisis The Dodd-Frank Act created the interagency Financial Stability Oversight Council (FSOC) and authorized a permanent staff to monitor systemic risk and consolidated bank regulation from five agencies to four. The DFA granted the Federal Reserve oversight authority and the Federal Deposit Insurance Corporation (FDIC) resolution authority over the largest financial firms. The DFA consolidated consumer protection rulemaking, which had been dispersed among several federal agencies, in the new Consumer Financial Protection Bureau. Special Topics The appendices in this report include additional information on topics, such as the regulatory structure prior to the Dodd-Frank Act, organizational differences among financial firms, and the rating system that regulators use to evaluate the health of banks.
Author: Erik F. Gerding Publisher: Routledge ISBN: 1134642695 Category : Business & Economics Languages : en Pages : 560
Book Description
Financial regulation can fail when it is needed the most. The dynamics of asset price bubbles weaken financial regulation just as financial markets begin to overheat and the risk of crisis spikes. At the same time, the failure of financial regulations adds further fuel to a bubble. This book examines the interaction of bubbles and financial regulation. It explores the ways in which bubbles lead to the failure of financial regulation by outlining five dynamics, which it collectively labels the "Regulatory Instability Hypothesis." . The book concludes by outlining approaches to make financial regulation more resilient to these dynamics that undermine law.
Author: Michael P. Malloy Publisher: West Academic Publishing ISBN: Category : Business & Economics Languages : en Pages : 544
Book Description
Comprehensive, yet intelligible treatment of the basic rules, principles, statutes, and issues governing the law of bank regulation. Examines the rapid pace of development in depository institution regulation, and how federal statutes governing banking have been subject to constant amendment in recent years. Discusses the growing overlap in competition among depository institutions, insurance companies, and securities firms that has further complicated regulatory policy. Detailed sections discuss: the regulated environment of banking, entry rules, branching, control transactions, transactional rules, holding company activities, securities regulation, resolution of institution failures, international banking, and bank regulation and social policy.
Author: John Armour Publisher: Oxford University Press ISBN: 0198786476 Category : Law Languages : en Pages : 698
Book Description
The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.
Author: Maximilian Hall Publisher: Edward Elgar Publishing ISBN: Category : Banking law Languages : en Pages : 310
Book Description
The European Single Market in financial services, the quest for international harmonization of supervisory practices and the numerous failures of financial institutions during recent years - notably BCCI - have highlighted the need for a reappraisal of the regulation of financial markets and institutions. Focusing on the banks incorporated in the Golden Triangle - London, New York and Tokyo - this book compares and assesses the regulatory and supervisory frameworks established to protect depositors and investors and preserve overall financial stability.
Author: Maurizio Trapanese
Author: Stefano Pagliari
Author: Edward V. Murphy
Author: Erik F. Gerding
Author: Maurizio Trapanese
Author: Malloy
Author: Andrew S. Carron
Author: Michael P. Malloy
Author: John Armour
Author: Maximilian Hall