Monday, October 15, 2012

FSOC Taps a Novel Power to Tame Money Funds

Author: David Schwartz J.D. CPA
Both the President's Working Group on Financial Markets and the Financial Stability Oversight Council have consistently called for the SEC to pursue additional reforms to address structural vulnerabilities in [money market funds], including unanimous recommendations in the [FSOC's] 2011 and 2012 annual reports. The Dodd-Frank Wall Street Reform and Consumer Protection Act gives the Council both the responsibility and the authority to take action to address risks to financial stability if an agency fails to do so.  (emphasis added) Accordingly, I would like the [FSOC] to consider taking a series of steps to address this challenge. With Treasury Secretary Timothy Geithner and the Financial Stability Oversight Council taking the lead on further reforms to money market mutual funds, Geithner and the FSOC will be testing the limits of the super-regulatory powers granted by the Dodd-Frank Act.  Section 12(a)(1) of the Dodd-Frank Act set forth the essential duties and powers of the FSOC. Among these are: identifing systemically important financial market utilities and payment, clearing, and settlement activities (as that term is defined in title VIII); and making recommendations to primary financial regulatory agencies to apply new or heightened standards and safeguards for financial activities or practices that could create or increase risks of significant liquidity, credit, or other problems spreading among bank holding companies, nonbank financial companies, and United States financial markets. As his September 27, 2012 letter to the FSOC makes clear, Geithner intends for the FSOC to use its Section 12(a)(1) power to bring money market funds into the ambit of the Dodd-Frank Act by declaring them systematically important nonbank financial companies.
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Sunday, October 14, 2012

Global Derivatives Reforms. Getting it Right the First Time.

Author: David Schwartz J.D. CPA
[G]lobal interconnections within the swap markets require cross-border regulatory cooperation and harmonization, as no one national regulator is equipped with the resources necessary to regulate comprehensively every participant in its local market nor every market in which its local institutions participate. At the same time, these global interconnections increase the potential for conflicting national implementation of regulatory reform to have adverse effects on the markets and market participants, especially if applied extraterritorially.
              -- August 27, 2012 Letter from the IIB to the CFTC

Concern mounts among regulators, legislators, and industry players about the international effects of regulating OTC derivatives.  Principally, they are worried about the lack of coordination among the CFTC, SEC, and their global counterparts, and the effect conflicting rules may have on the derivatives markets and the activities of firms with international operations.  As the deadlines loom for Dodd-Frank and Volker Rule implementation, influential voices are raising the alarm about potential harm to the US economy and investors, and making the case for a more coordinated and thoughtful regulatory effort with regard to OTC derivatives.
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Tuesday, October 9, 2012

Full Speed Ahead on the Volcker Rules Says Senior Treasury Official

Author: David Schwartz J.D. CPA
[W]e will not back away from our fundamental responsibility of making sure our financial system is safe. But we need smart regulation that can make future financial shocks less likely and less damaging – and without unnecessary compliance costs.  We want to make sure the rules are calibrated so they allow investors to take appropriate risks and do not restrict businesses from obtaining the credit they need to hire, invest and grow.


Despite efforts to delay or prevent them, the Volker Rules are on their way says Treasury Under Secretary for Domestic Finance Mary Miller in remarks to the American Banker Regulatory Symposium.  Miller says the five regulators working on the rules have read carefully the 18,000 comment letters on their initial proposal, and expect to issue final Volker Rules perhaps by year end.

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Tuesday, October 2, 2012

Beyond Basel. Can We Do Better than Basel III?

Author: David Schwartz J.D. CPA
Basel III introduces a leverage ratio and raises the minimum risk-weighted capital ratios, but it does so using highly arcane formulas, suggesting more insight and accuracy than can possibly be achieved. Where the markets assess, demand and adjust intrinsic risk weights on a daily basis, regulators using Basel look backwards and never catch up.

Even as countries strive to meet the quickly approaching Basel III deadlines, some fairly influential voices in regulatory policy are wondering aloud if the latest Basel guidelines are up to the task.   Thomas M. Hoenig, director of the Federal Deposit Insurance Corporation, in a September 14, 2012 address before the American Banker Regulatory Symposium, raised his concerns that Basel III is based on faulty assumptions and processes, and introduces unworkable complications into an already complex system.  Hoenig proposes an alternative, a "back to basics" approach he feels would be more easily monitored and enforced, and represent a better measure of a firm's ability to withstand financial adversity.

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Monday, September 24, 2012

More Securities Lending Could Be a Shot in the Arm for European ETFs

Author: David Schwartz J.D. CPA
With 1,304 funds and €215 billion assets under management, Exchange Traded Funds (ETFs) listed in Europe are a major element of the European fund management industry. However, some feel that European ETFs are hindered by a lack of liquidity as compared to their counterparts in the US ETF market, and that European ETFs could be even more robust if they followed the US model of employing greater levels of securities finance and collateral management. A white paper released on September 18, 2012, "ETFs, Securities Finance and Collateral," looks at ETFs in Europe and the reasons for their relative lack of activity in the securities finance world.  In their paper, Roy Zimmerhansl of FinTuition and Andrew Howieson of Howieson Consulting examine European ETFs relative underdevelopment of securities lending and collateral management relevant to European ETF shares. The authors also make a series of recommendations for co-ordinated changes at both individual firm and market levels required to promote development of an active securities lending market in European ETFs, driving improved liquidity in ETF trading and better risk management.
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