Monday, July 2, 2012

Is the Evidence There to Revamp Reporting under 13(d)?

Author: David Schwartz J.D. CPA
Lucian Bebchuk, Professor of Law, Economics, and Finance at Harvard Law School and Robert J. Jackson, Jr., Associate Professor of Law at Columbia Law School have published a paper urging caution and concluding that the SEC should not proceed with a proposed tightening of blockholder reporting requirements.  While not opposing some re-examination of the blockholder reporting regulatory regime, Bebchuk and Jackson explain that changes should be examined in the larger context of the beneficial role that outside blockholders play in American corporate governance and the broad set of rules that apply to such blockholders.
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Wednesday, June 27, 2012

UK's Ring-Fenced Banks get OK to offer Hedge Services

Author: David Schwartz J.D. CPA
The UK's Treasury has published a white paper setting out how the Government intends to implement the recommendations of the Independent Commission on Banking (the Vickers Report).  The paper offers further detail on plans to separate retail and investment banking through a "ring fencing" and increase competition in the UK banking sector. Further, the paper sets out proposals to make banks more resilient, as well as making them simpler to resolve in the event of failure.
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Monday, June 25, 2012

Fed Goes "All In" on Basel III Standards, But Prefers a Phased Approach

Author: David Schwartz J.D. CPA

The Board of Governors of the Federal Reserve System voted on June 7 to approve proposed rules intended to implement the regulatory capital standards promulgated under “Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems.” These proposals are also intended to harmonize the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 with Basel III requirements.  These proposals are a comprehensive set of three capital requirements that, if approved, would be applicable to all insured banks and thrifts, savings and loan holding companies, and bank holding companies with consolidated assets over $500 million.
 

 
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Friday, June 22, 2012

Wallison on Shadow Banking: If It Isn't Broken, Don't Fix It

Author: David Schwartz J.D. CPA
In a piece published June 14, Peter J. Wallison, Fellow at the American Enterprise Institute, argues against imposing any new regulation on shadow banking markets and firms without without convincing proof they need it.  According to Wallison, the calls from regulators and others for additional regulation of so-called “shadow banks” are simply a rush to judgment.  Further, he believes that the failure of Lehman and failures and bailouts of other non-financial firms during the financial crisis are not evidence that shadow banking firms and markets are inherently unstable and need regulation.  In his view, the financial crisis was a one-of-a-kind event that overwhelmed all forms of regulation, and took both regulated banks and unregulated non-banks by surprise.  Failure under these conditions, according to Wallison, says nothing about the inherent stability of shadow banks.
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Wednesday, June 20, 2012

How Do Mutual Funds Really Use Proxy Advisers?

Author: David Schwartz J.D. CPA
A study published this month (June 2012) by the Investor Responsibility Research Center (IRRC) Institute and conducted by Tapestry Networks takes a look at the decision-making processes for proxy voting used by 19 North American asset management firms. In particular, the study looks at how these leading US mutual funds develop proxy voting guidelines and reach decisions regarding how to vote.  The 19 asset management firms used in the study account for over $15.4 trillion in assets under management, or more than half of the mutual fund assets under management in the United States.  In addition, Tapestry reviewed major academic studies and current literature on the topic, and conducted a comprehensive survey of academic research and commentary on the relationship between proxy advisers and institutional investors.  While the study revealed no standard or uniform approach to voting decision-making amongst the mutual funds studied, it did find that mutual funds rely extensively, but not exclusively on proxy advisers in making their voting decisions. 
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