Thursday, April 14, 2016

OCC Seeks to Bring Some Order to Financial Innovation

A Whitepaper on the Elements of "Responsible Innovation"

Author: David Schwartz J.D. CPA

Banking and financial markets have always been innovative. But globalization, new regulation, and changes in technology have heightened the pace of innovation dramatically.  According to a whitepaper published in March 2016 by the Office of the Comptroller of the Currency (OCC), while banks continue to innovate, "rapid and dramatic advances in financial technology are beginning to disrupt the way traditional banks do business."  In the face of this disruption, the OCC has used this white paper to enumerate eight "guiding principles" that the agency says it has formulated "to guide the development of its framework for understanding and evaluating innovative products, services, and processes that OCC-regulated banks may offer or perform." 

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Tuesday, January 5, 2016

Transfer Agent Regulation Poised to Step Into the 21st Century

Author: David Schwartz J.D. CPA

On December 22, 2015, the Securities and Exchange Commission left a present in all our stockings with its publication of a 208-page advanced notice of proposed rule making and concept release on the regulation of transfer agents. Modernizing the aging rules for transfer agents has been rumored for awhile, but no doubt fell behind other priorities related to the financial crisis and Dodd-Frank mandates.  Commissioner Luis Aguilar and now former Commissioner Daniel Gallagher have both been fairly vocal about the need for new transfer agency rules.  Both would have preferred an actual rule proposal, but apparently will have to settle for an advanced notice/concept release at this stage.  

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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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