Friday, September 28, 2012

FSOC to Take the Lead on Money Market Fund Reforms

Author: David Schwartz J.D. CPA
In light of the Securities and Exchange Commission's inability to bring money market fund reforms to a vote, Treasury Secretary Timothy Geithner has announced that the Financial Stability Oversight Council will take the matter in hand. Specifically, Geithner announced in a September 27, 2012 letter that the FSOC will propose its own set of options for further money fund reform, which will be open for public comment. Based on the proposal and the comments received, the FSOC will put together a reform proposal which will be submitted to the SEC, who will, pursuant to the Dodd-Frank Act, be required to adopt it, or explain to the FSOC and Congress why it failed to. The FSOC is expected to approve a draft proposal at its November meeting.
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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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Friday, August 24, 2012

SEC Puts the Brakes on Money Market Reforms

Author: David Schwartz J.D. CPA
In an August 22, 2012 statement SEC Chair Mary Schapiro announced that the much anticipated money market reforms she has championed have hit a wall.  It had been expected that the Commission would consider next week options for further reform like a free floating NAV, rather than a firm $1 NAV, perhaps a capital buffer, and a redemption restrictions.  Schapiro announced that "because three Commissioners have now stated that they will not support the proposal and that it therefore cannot be published for public comment, there is no longer a need to formally call the matter to a vote at a public Commission meeting."
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Monday, July 30, 2012

Momentum Builds But No Consensus on Money Fund Reforms

Author: David Schwartz J.D. CPA
The need for further regulations governing money market funds was once again hotly debated at Senate Banking Committee hearings last week.  At the hearings, Treasury Secretary Timothy Geithner reiterated his concerns that the 2010 money market reforms enacted by the SEC just do not go far enough, and doubled down on his commitment to see the SEC enact further measures, saying: "My own judgment is that the SEC needs to go further. They can go further. And we should get on with the business of letting them expose to the world, to the markets, a set of options that the world can comment on." Senator Corker added that he believed that the Financial Stability Oversight Council (FSOC) could act if the SEC fails to move forward with further money market fund reforms.

At the same time, however, Senator Pat Toomey (R-PA) argued that the 2010 reforms may have been sufficient and questioned whether money market funds are truly susceptible to runs and pose systematic risks. Toomey worries, he says, that the reforms being considered by the SEC are unworkable and could put money market funds out of business.
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Monday, July 23, 2012

Is Money Market Fund Reform Just Regulatory Overkill?

Author: David Schwartz J.D. CPA
Banking regulation is inappropriate for MMFS and would end MMFs as we know them at great cost to the millions of investors who value them for their efficiency and safety, and to the financial system as a whole. 


Already subject to a comprehensive regulatory regime, amendments in 2010 to the rules governing money market funds tightened regulation even further to make money funds more resilient to certain short-term market risks, and to provide greater protections for investors in a money market fund threatening to "break the buck."  More recently, however, Federal Reserve officials and some members of the Financial Stability Oversight Council have said money market funds are subject to runs, a source of systemic risk, and part of a shadow banking system that sorely needs even more regulation.  In response, Melanie L. Fein, former senior legal counsel to the Board of Governors of the Federal Reserve System has published a paper describing why further changes to the money market regulatory regime are unwarranted overkill.

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