With Republicans taking control of the House of Representatives, but the Democrats still the majority party in the Senate, we will be watching moves on financial regulation over the early months of the next Congressional session. Mark Thoma, economist at the University of Oregon, made some top-line predictions in his column this morning on CBS's Money Watch. In short, Thoma expects that some recent reforms--Dodd-Frank, Basel III--will survive, but will not be changed much. If the Republicans get any repeal efforts through Congress, the White House will use veto power. If the Democrats push efforts to add regulatory measures to existing legislation, Thoma expects Republican leadership to successfully block them.
The most important change in regulation is the resolution authority
regulators now have over large financial institutions that get into
trouble. When the crisis hit, regulators did not have the authority
they needed to take over a failing financial institution. That
authority exists for traditional banks, and is used frequently, but it
had never been extended to financial institutions that are part of what
is known as the shadow banking system. That left regulators with only
two choices, neither of them good ones. They could let large
institutions fail and risk a meltdown of the entire system, or they
could bail out the banks and, in the process, reward those who caused
the problems in the first place. If a traditional bank had been
involved, they would have had other options that allowed them to
minimize the costs of a meltdown while imposing losses on equity
holders and removing management, but no such option existed for shadow
banks.
Will resolution authority survive? I don’t expect that resolution
authority will be impacted much if at all by the change in the
political atmosphere. Both sides of the political fence are in general
agreement that this is a good idea.
The second important regulatory change in the Dodd-Frank legislation
is the Volcker rule. This rule limits the ability to make speculative
investments with government insured money. The regulatory restrictions
the legislation imposes are weaker than many people would prefer, and
banks are already pushing against the boundaries.
Will the Volcker rule be changed? Any attempt to further weaken this
provision would likely be vetoed, but nothing will be done to
strengthen the bill should banks discover ways to bypass the
legislation’s intent.
A third feature to highlight in the Dodd-Frank legislation is the
attempt to make derivative markets more transparent by forcing the
trades through organized markets. Again, I don’t expect big changes
here, but Republicans have, in general been more sympathetic to
arguments that some derivatives must be traded outside of
over-the-counter markets. They will likely push for exceptions, and the
more exceptions that are granted, the more likely it is that banks can
find creative ways to bypass the legislation. So this could, over time,
weaken this provision of the bill.
Read What Impact Will the Election Have on Financial Reform? here.
Posted
11-03-2010 8:30 AM
by
Graham Griffith