News
CFPB Launches Its Non-Bank Supervision Program
On January 5, the Consumer Financial Protection Bureau (CFPB) launched its non-bank supervision program. The initiative is mandated by Dodd-Frank, and will be an extension of the CFPB’s bank supervision program that began last July. The program is intended to ensure that banks and non-banks follow federal consumer financial laws.
UK Chancellor of the Exchequer Voices Concerns Over Volcker Rules
George Osborne, the UK’s Chancellor of the Exchequer, voiced concernsabout the potential negative effects the proposed Volker Rule provisions may have on the liquidity of global funding markets and particularly non-US sovereign debt markets. Osborne communicated these concerns via a January 23, 2012 letter to Fed Chairman Ben Bernanke.
Hedge Funds: “We’re not Shadow Banks”
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 April 2011 greenpaper/background note 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.
Will Money Market Reform Rise from the Dead?
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.
Is Your Risk Strategy a True Team Effort?
As companies move beyond managing financial crisis issues, they are turning to a more holistic look at their firms’ governance activities. KPMG recently conducted a study that finds that even with risk management, contingency planning, financial reporting and controls, compliance, internal audit, strategic planning and execution, and board oversight all in place, most respondents were not satisfied that these governance activities are appropriately focused on the greatest risks to their company’s reputation and brand. According to the KPMG survey, coordination and integration of these functions are key to adding real value to dealing with risk hotspots.
SEC Puts the Brakes on Money Market Reforms
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.”
Does LIBOR Have a Future?
A discussion paper published on August 10, 2012 by a team commissioned by the UK Treasury’s Chancellor of the Exchequer takes a look at the structure and governance of LIBOR and the corresponding criminal sanctions regime.
Money Market Reforms: Have We Done Enough Already?
Ever since the Reserve Primary Fund “broke the buck” in 2008, regulatory reform of money market funds (MMFs) has been an area of intense debate. Following the financial crisis and given the important and pervasive role played by MMFs in the US and global economies, regulators embarked on a two-step process of reforming the regulation of MMFs. In 2010, the SEC approved new regulations intended to address credit quality, liquidity, maturity, and transparency concerns. Since that time, the SEC, legislators, the Fed, and market participants have vigorously debated “step two,” further regulatory measures aimed at reducing the risk of a run on MMFs and providing a cushion against losses. Are these further reforms necessary? Or have we done enough already?
IOSCO Wants Feedback on Money Market Reforms
At the request of the Financial Stability Board, IOSCO has published a consultation paper on the potential regulatory reforms of money market funds. The purpose of the consultation paper is to share with market participants IOSCO’s preliminary analysis regarding the possible risks money market funds may pose to systemic stability, as well as possible policy options to address these risks. IOSCO is actively seeking feedback on this preliminary work, and commenters have the opportunity to shape IOSCO’s ultimate recommendations to the FSB.
ISDA’s Killer Dodd-Frank Compliance App
As part of its ongoing protocol project, the International Swaps and Derivatives Association (ISDA) has announced the launch of the August 2012 Dodd-Frank Protocol. The Dodd-Frank Protocol is designed to allow swap market participants to simultaneously amend multiple ISDA Master Agreements for the purpose of facilitating compliance with Dodd-Frank regulatory requirements, such as External Business Conduct Rules and others as they are finalized.