Tuesday, March 12, 2013

Do Complex Systems Need Complex Regulation?

Author: David Schwartz J.D. CPA
As we work to update the regulatory architecture for finance, it seems obvious that it’s not stone-age simplicity that will help to pre-empt the next crisis but greater insights into, and better understanding of, the financial system we have wrought.

Does a complex and ever changing financial system require a complex and ever changing system of regulation? History has taught us over and over again that it is not credible to argue that the financial system should be unregulated. We can generally agree that some regulation of the financial markets is vital to striking an appropriate balance between protecting investors from the unknown or unexpected risks they should not have to bear and allowing them to take financial risks knowingly and willingly in hopes of maximizing their returns. In addition, regulation appears to be the only way to prevent the build up, both intentional and unintentional, of excessive risk in the financial system. But are complex formulas, proscriptive regulations, and heavy policing the only ways to achieve free but fair global financial markets?
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Tuesday, February 26, 2013

Building the Better Mousetrap: Two Views on Regulation and Innovation

Author: David Schwartz J.D. CPA
M]ore than anywhere else in the world, the United States remains a place where a visionary can risk everything on a dream or an idea and have a fair chance of fighting for it.  And he or she can do so in an environment where the investors who underwrite that dream are protected. -SEC Chairman, Elisse Walter

 


How do you build a financial regulatory system that constrains risk-taking but still allows financial institutions and others to take innovative chances?  This question is at the very heart of financial regulatory reform world wide. No regulator wants to pull the reins so tight that financial innovators will take their creativity elsewhere.  But at the same time, investors deserve some protection in return for their finance, and taxpayers should no longer be expected to bail out the risk takers.  The financial crisis revealed a regulatory regime that was improperly focused, mismatched with what financial institutions were doing outside traditional banking, and unable to keep pace with technological and other innovation. It demonstrated that regulators had placed too much confidence in the capacity of firms to measure and manage their risks. Post-crisis, regulators found themselves faced with the choice of regulating in a highly prescriptive New Deal manner or a more prudential and flexible manner.  Their goal: "to maximize stability and to minimize risk, to enhance capital requirements, to minimize moral hazard and to increase scrutiny by regulators who collectively can see across sectors, grasp their interrelated operations and diagnose problems that have the potential to grow and spread."  All this, while at the same time being nimble enough to permit, yet understand, monitor, and react to new innovations.

 

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Monday, February 18, 2013

Valentines Day Was No Bed of Roses for SEC and CFTC Heads

Author: David Schwartz J.D. CPA
The Senate Banking Committee spent the best part of its Valentine's Day grilling Fed officials and agency heads about the regulatory implementation of Dodd-Frank. Despite holding the hearings on a day dedicated to romance and love, the Senators certainly did not woo their witnesses with bonbons and soft questioning. The Banking Committee invited an impressive list of witnesses for the day's round of tough questions focused mainly on coordination both domestically and internationally, and the need for adequate cost benefit analysis associated with all this new regulation. Though the banking regulators received a fair share of the questioning, the heads of the SEC and CFTC received the majority of the Committee's attention.
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Tuesday, February 12, 2013

Are Money Market Funds the Banking System's Achilles Heel?

Author: David Schwartz J.D. CPA
The systematic effect of money market funds on the wider financial system is a topic of hot debate, with finance ministers, regulators, and standard setting bodies all over the globe weighing in. The New York Federal Reserve Bank is the latest to do so, asking "does money market fund intermediation make the banking system inherently unstable?" The New York Fed's latest paper, "Money Market Funds Intermediation, Bank Instability, and Contagion," addresses the question by comparing two market structures – direct finance, where investors deposit directly into the banks, and money market fund intermediation, where the relationship between investors and banks is intermediated through money market funds. The paper concludes that, because money market funds are themselves subject to runs, the intermediation they provide to investors makes the financial system more fragile, and acts as a source of contagion when a run occurs. 
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Friday, February 8, 2013

Is it Time for Global Financial Regulation With Teeth?

Author: David Schwartz J.D. CPA
In a globally interconnected marketplace, just how effective can country-by-country regulation really be? According to David Wright, Secretary General of IOSCO, this fragmented regulation from jurisdiction to jurisdiction may be doing more harm than good.  The tools currently being used to coordinate financial regulation internationally are too soft, Wright says. Without legally binding global enforcement mechanisms, much of this coordination, standard setting, and monitoring will never be truly effective.
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