Monday, June 18, 2012

The Ins and Outs of Deloitte's "Shadow Banking Index"

Author: David Schwartz J.D. CPA
Deloitte LLP has come up with clever new way to describe and track the size and changes in the shadow banking industry. Recognizing that market participants and regulators lacked clarity and consistency when it came to defining, measuring, and framing the debate about this complex and dynamic subject, Deloitte has devised a "Shadow Banking Index." Starting with a baseline definition and using data gathered from 2004 onward, Deloitte's index represents an ongoing effort to more closely measure the size, importance, and effect of market and regulatory actions on the activities defined as "shadow banking." The index is also intended as a way to assess the potential effect of shadow banking on regulated markets.
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Saturday, June 16, 2012

US Receives Mixed Marks on its Basel Implementation Report Card

Author: David Schwartz J.D. CPA
In anticipation of the G20 Leaders Summit in Los Cabos, Mexico on June 18-19, The Basel Committee has issued its latest progress report on the implementation of its banking standards across member countries.  The Committee finds that, though significant progress has been made since its last report, there are jurisdictions which have missed the globally-agreed implementation dates for Basel II and 2.5. In addition, there are also jurisdictions, including the US, that the Committee feels have not made enough progress to date on Basel III and and run the risk of failing to meet the agreed Basel III implementation date.
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Wednesday, June 13, 2012

Security-Based Swaps: What's on the SEC's Agenda?

Author: David Schwartz J.D. CPA
The SEC has issued a policy statement laying out a roadmap for how it plans to implement new rules regulating security-based swaps and security-based swap market participants under authority granted to it by the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.  The Statement presents a sequencing of the compliance dates for these final rules by grouping the rules into five categories and describes the interconnectedness of the compliance dates for these rules, both within and among the five categories.
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Saturday, June 9, 2012

Hedge Funds: "We're not Shadow Banks"

Author: David Schwartz J.D. CPA
In a May 16, 2012 letter to the European Commission, the Managed Fund Association (MFA), an association of hedge funds and managed future firms, shot back at the FSB's greenpaper on shadow banking. In its response, MFA argues that it was a mistake to include hedge funds as part of the shadow banking system as the FSB has defined it. Neither their funding characteristics nor relative size should warrant regulation of hedge funds to a greater degree than other investment sectors.
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Wednesday, June 6, 2012

"What Good are your MMF Rules?," U.S. Congress asks SEC.

Author: David Schwartz J.D. CPA
Per the 2013 U.S. Financial Services and General Government Appropriations Bill of the House Appropriations Committee, the SEC must perform an in-depth study on the effectiveness of the Commission's long standing rules, as well as the more recent money market regulatory reforms. In particular, Congress wants to know whether these rules help in providing liquidity to the capital and municipal markets and to what extent they promote and enhance money market fund stability, resiliency, and transparency.  This proposed legislation just adds to the ongoing discussion among US regulators, Congressional leaders, and international oversight bodies on the systematic risks still posed by money market funds.  
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