Saturday, September 22, 2012

Should Other Countries Take the Volcker Rule Plunge First?

Author: David Schwartz J.D. CPA

Rep. Peter King (R-NY), a member of the House Financial Services Committee, will soon introduce a bill to suspend enforcement of the Volker Rule until the Treasury Department can certify that other countries have adopted and are abiding by similar statutory restrictions on on proprietary trading and sponsoring hedge funds by financial institutions.  The U.S. Financial Services Global Viability Act specifically targets  the United Kingdom, France, Germany, Switzerland, Japan, Brazil, China, Canada, and Mexico as jurisdictions of concern.  The bill would require not just certification by the Treasury Department, but an opportunity for hearings and comments by interested parties. Under the legislation, these certifications could be challenged further in the United States Court of Appeals for the District of Columbia.  The proposed U.S. Financial Services Global Viability Act represents the latest effort by law makers and others to delay or repeal the Volker Rule amid concerns that the Volker restrictions would undermine U.S. competitiveness and damage market liquidity.

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Thursday, September 20, 2012

GAO Wants Greater Transparency from the FSOC

Author: David Schwartz J.D. CPA
In a recently concluded study, the US Government Accountability Office (GAO) says, among other things, that Financial Stability Oversight Council (FSOC) and Office of Financial Research (OFR) could benefit from more transparency. Though both the FSOC and OFR issue annual reports on their activities and created web pages that provide some information to the public, the GAO concluded that the FSOC's and OFR's management mechanisms to carry out their missions could be improved to provide greater accountability and transparency.
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Saturday, September 15, 2012

Will Money Market Reform Rise from the Dead?

Author: David Schwartz J.D. CPA
As Mark Twain famously said, "The rumors of my death have been greatly exaggerated." The same can be said for about the rumors of the death of money market reform, following the SEC's announcement that it's leaders could not reach consensus on the topic. Determined to resuscitate the initiative, Senator Bob Corker (R-Tenn)., a member of the Senate Banking Committee, penned a September 14, 2012 letter to the SEC urging the Commission to continue pursuit of money market fund reform to protect taxpayers from a potential bailout. Corker believes that, despite the differences of opinion on amongst the Commissioners, sufficient common ground exists to build on the initial money fund reform proposal from Chairman Mary Schapiro.
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Wednesday, September 12, 2012

Bankers Take Aim at Volker Rule

Author: David Schwartz J.D. CPA

 

We have consistently questioned the necessity and efficacy of the Volcker Rule and believe that its full repeal is the only way to avoid the harm that it would do to the economy, bank customers, and the banking industry. 

The American Bankers Association officially urged repeal of the Volker Rule in a September 7, 2012 letter to Rep. Spencer Bachus, chair of the House Financial Services Committee.  Citing the struggles the regulators have had in crafting the rules, the ABA stated that the restrictions on Banks' proprietary trading contemplated by Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act are unworkable, and ultimately harmful to the banking industry. The ABA also asserts that the Volker Rule relies on poorly defined terms and vague concepts, and fundamentally fails to address its purported objective of prohibiting excessively risky proprietary trading and investment activities.

 

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Sunday, September 9, 2012

How Do Mutual Funds Navigate Proxy Voting?

Author: David Schwartz J.D. CPA
Mutual funds hold substantial power to influence corporate governance around the world.  In the United States alone, mutual funds own over a quarter of the outstanding shares of U.S. stocks. Clearly, this represents an enormous amount of the voting power. And, along with all this power comes great responsibility. How can funds vote these proxies effectively, that is, in the best interests of the funds and their shareholders?  The Mutual Fund Directors Forum, an educational organization for mutual fund independent directors, has released practical guidance to address how fund trustees and directors can exercise oversight of their proxy voting processes.
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