Financial Regulatory Reform - Is This a Good Idea?

In June 2009, the administration issued a proposalduties are split between four independent agencies
for financial reform to strengthen the financialthis allowed for Banks to shop for the supervisor
markets. The Financial Regulatory Reform'sof their choice; certain regulatory agencies have
objective is to protect American consumers frombeen known to be easier in the examination
abuse and predatory practices and will set clearprocess than others. The Financial Institution
rules for the financial industry. Ultimately, the goalRegulatory Administration will call for tougher
of the Financial Regulatory Reform is to preventoversight of financial firms, including larger capital
another financial collapse and restore responsibilityrequirements, and new requirements for the large
and accountability in the financial system. Thebanks. It also proposes focusing on financial
current financial crisis has been blamed on theproducts that are more risky such as hedging
financial system failing to perform, imbalance oftransactions. Increased capital requirements would
saving and consumption, highly leveragedrequire financial institutions and their parent
institutions, lack of oversight, and thecompanies to be well capitalized on a consolidated
misunderstanding of financial instruments; just tobasis. The bill will also allow federal regulators to
name a few. Our present regulations focus onhave the authority to set standards for executive
soundness of individual financial institutions butcompensation practices. The large banks were
does not provide safety or soundness on thereviewed by regulators as stand alone
large financial institutions that are being blamed forexamination; however, are condemned for not
the current recessionary period. The reformseeing the big picture that the large banks are
outlines the following five elements: oversight ofinterconnected.
financial firms, strengthening the regulation of coreThe Consumer Financial Protection Agency will
markets and infrastructure, strengthen consumersafeguard consumers against mortgage, credit
protection, ensure the government has the toolscard and other predatory lending that lead to the
to effectively manage financial crises, and ensurefinancial meltdown. The agency will ensure
high standards, not just in the United States butconsumers transparency in relation to loans and
globally. The Financial Regulatory Reform createdother financial products, eliminate abusive lending,
three new government agencies: Agency forand from deceptive lending. Lenders would be
Financial Stability, Financial Institution Regulatoryrequired to distribute simple and clear mortgage
Administration, and Consumer Financial Protectiondisclosures. Although distributing clearer mortgage
Agency to ensure the five elements are carrieddisclosures does not necessarily mean that they
out.will be read by the consumer. The agency would
The Agency for Financial Stability will oversee adalso require consumers be given a choice before
regulate systemic risk. Currently the Federaljoining expensive overdraft programs. The goal of
Reserve is responsible for regulating systemic risk.the Consumer Financial Protection Agency is to
However, the Federal Reserve has been criticizedensure that consumers receive what they are
of not being professional, having conflicts ofpaying for.
interest, and being distracted. In my experienceThere are many advantages of the
the Federal Reserve employees that performimplementation of the Financial Regulatory
examinations of Financial Institutions have a checkReform; however, a few disadvantages exist also.
the box mentality of auditing. They concentrateOf course there will be short term disruptions of
on two or three items that are considered to bereorganization of the existing regulatory agencies.
hot accounting topics for all of the FinancialIn addition, the administration may not be able to
Institutions that they perform audits of and useexercise direct control as easily over the agency.
audit modules to determine whether there is anThere also will be substantial initial costs of setting
audit issue. Although as an external auditor, Iup the stand alone agency which will result in
question the validity of the examination reportslarger assessment fees Banks. However, I believe
issued by the Federal Reserve. The Financialthat the benefits of the Financial Regulatory
Institution Regulatory Administration may assist inReform out way the disadvantages. Hopefully, the
providing more sound examinations.implementation of the Financial Regulatory Reform
The Financial Institution Regulatory Administrationwill provide a way to avoid financial crises and
proposes that a single U.S. bank regulator wouldstrengthen investor confidence. The House passed
combine parts of the Federal Reserve, thethe Financial Regulatory Reform bill on December
Federal Deposit Insurance Corp., the Office of the12, 2009. The vote was party-line 223 to 202.
Comptroller of the Currency, and the Office ofThe Senate is anticipated to act on the bill in the
Thrift Supervision. Since regulatory supervisoryspring of 2010.