Tuesday, July 16, 2013

Are Institutional Investors Voting Proxies with the Correct Mindset?

Author: David Schwartz J.D. CPA
The federal government is not now and has never been in the business of telling you how you should vote your proxies. But it seems that through regulatory creep, the government may have indirectly given the power to tell investors how to vote their proxies to someone else entirely. Regulating disclosures and mechanics by which we vote proxies is plainly within the scope of the Securities and Exchange Commission's mission. However, the federalization of proxy regulation may be driving institutional investors and investment advisers, to view their responsibility to vote on proxy matters with more of a compliance mindset than a fiduciary mindset. This compliance mindset has had the effect of entrenching proxy advisory firms solidly in the voting process and given them an outsized say in the way most proxy shares are voted. The federal government may not be dictating how institutional investors vote their proxies, but in a presumably unintended consequence, by regulation have given this power to proxy advisory firms.
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Thursday, June 27, 2013

On Borrowed Time. BIS Urges "A Forceful Programme of Repair and Reform"

Author: David Schwartz J.D. CPA
Central banks cannot repair the balance sheets of households and financial institutions. Central banks cannot ensure the sustainability of fiscal finances. And, most of all, central banks cannot enact the structural economic and financial reforms needed to return economies to the real growth paths authorities and their publics both want and expect.

Only a forceful programme of repair and reform will return economies to strong and sustainable real growth . . .

Though six years have passed since the beginning of the global financial crisis, a robust and sustained economic recovery still eludes many economies. In its 83rd Annual Report, the Bank for International Settlements (BIS) warns strongly that the effectiveness of central bank accommodation in spurring economic growth is limited, and has only bought time to develop and institute real reforms to restore productivity growth and balance sheet health. The prescription for a true recovery, says BIS, is a mix of policies. 

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    Monday, June 24, 2013

    Causes and Cures for Financial Contagion

    Author: David Schwartz J.D. CPA
    Although it is intuitively clear that interconnectedness has some effect on the transmission of shocks, it is less clear whether and how it significantly increases the likelihood and magnitude of losses compared to a financial system that is not interconnected.

    The Office of Financial Research, a government study group created by the Dodd-Frank Act, has released a study of factors that contribute to financial contagion. The paper, entitled “How Likely is Contagion in Financial Networks?" studies the interconnections between financial institutions and examines the conditions under which these interconnections increase and amplify financial shocks.
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    Tuesday, June 18, 2013

    Is There Such a Thing as "Too Big to Succeed?"

    Author: David Schwartz J.D. CPA
    Sifting the rubble left by the financial crisis has turned up some revealing clues about the causes of the catastrophe.  At the same time, this forensic examination has given us an opportunity to do some fundamental thinking about to what extent sheer size of the financial industry contributes to the growth and success of economies, or whether size does more harm than good.  There has been much discussion about moral hazard and the "too big to fail" phenomenon; but could it also be true that beyond a certain threshold, the size of the financial sector actually becomes a drag on economic growth rather than an engine?  Erkii Liikanen, Governor of the Bank of Finland and Chairman of the Highlevel Expert Group on the Structure of the EU Banking Sector, recently gave remarks in Helsinki raising some interesting points about the direction not only of financial regulatory reform, but the size and utility of the financial sector itself.  According to Liikanen, "it is not only the size of the financial sector and banks that is important, but also what the sector does."
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    Monday, June 3, 2013

    Be Careful What You Ask For: The Coming Storm of Financial Litigation in the UK

    Author: David Schwartz J.D. CPA
    Regulatory and structural reforms to the UK's system of financial regulation may have created the conditions for a "perfect litigation storm," according to a May 2013 client memo from law firm Jones Day. The firm's memo posits that new powers granted to the Financial Conduct Authority (FCA), successor to the Financial Services Authority, coupled with new self-help remedies for investors and consumers, and new ways to finance litigation could prompt a dramatic increase in legal cases brought against UK financial firms. 
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