1.

Record Nr.

UNINA9910815289003321

Titolo

Modernizing financial regulation [[electronic resource] /] / Lawrence P. Cowell, editor

Pubbl/distr/stampa

New York, : Nova Science Publishers, Inc., c2010

ISBN

1-61728-071-2

Edizione

[1st ed.]

Descrizione fisica

1 online resource (195 p.)

Collana

Financial institutions and services

Altri autori (Persone)

CowellLawrence P

Disciplina

346.73/08

Soggetti

Financial services industry - United States

Financial institutions - Law and legislation - United States

Banking law

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Intro -- MODERNIZING FINANCIAL   REGULATION -- MODERNIZING FINANCIAL   REGULATION -- CONTENTS -- PREFACE -- FEDERAL FINANCIAL SERVICES REGULATORY   CONSOLIDATION: AN OVERVIEW -- SUMMARY -- INTRODUCTION -- THE MAJOR FINANCIAL SERVICES REGULATORS -- SAFETY AND SOUNDNESS REGULATIONS -- BACKGROUND -- U.S. FUNCTIONAL AND COMPETITIVE REGULATORY STRUCTURE -- Regulatory Competition in Banking -- Regulatory Competition in Insurance -- Regulatory Competition in Securities -- Regulatory Competition in Commodity Futures and Options -- THE PROBLEM OF REGULATING IN THE CURRENT ENVIRONMENT -- PROPOSED CONSOLIDATION SOLUTIONS -- Banking -- Insurance -- Securities -- Consolidation in Other Countries -- Financial Services Authority of the United Kingdom -- The Financial Services Agency of Japan -- The Federal Financial Supervisory Authority (BaFin) -- U.S. REGULATORS ARE TRYING TO SPEAK WITH ONE VOICE -- SOME IMPLICATIONS -- End Notes -- FINANCIAL REGULATION: INDUSTRY TRENDS   CONTINUE TO CHALLENGE THE FEDERAL   REGULATORY STRUCTURE -- WHY GAO DID THIS STUDY -- WHAT GAO RECOMMENDS -- WHAT GAO FOUND -- ABBREVIATIONS -- RESULTS IN BRIEF -- BACKGROUND -- MEASURING THE COSTS AND BENEFITS OF REGULATION HAS BEEN   DIFFICULT, COMPLICATING EFFORTS TO REDUCE REGULATORY   BURDEN -- Regulators and the Financial



Services Industry Face Challenges Measuring   Regulatory Costs and Benefits -- Concerns Exist that Regulation Could Hinder Market Efficiency -- U.S. Regulators Have Reviewed Existing Regulations -- Forum Participants Shared Concerns Regarding Regulatory Burden -- We Have Recommended Improved Review of  Regulations -- DEVELOPMENTS IN A DYNAMIC FINANCIAL INDUSTRY   ENVIRONMENT POSE CHALLENGES TO THE FEDERAL FINANCIAL   REGULATORY STRUCTURE -- Aspects of the Current Regulatory Structure Have Contributed to a Strong   Financial System but also Create Challenges.

Key Trends Have Changed the Financial Services Industry -- Recent Legislative Changes Have Affected the Financial Services Industry -- Recent Industry Changes Demonstrate the Challenges Confronting Financial   Regulators -- Consolidated Supervision of Holding Companies -- ILC Holding Company Regulation -- Basel II Implementation -- OCC Preemption and Charter Choice -- SEC and CFTC Joint Jurisdiction over Certain Products -- Regulators Have Often Collaborated to Respond to Regulatory Challenges but More   Could be Done -- Accountability for Identifying and Responding to Risks that Span Financial   Sectors Is Not Clearly Defined -- OPTIONS TO CHANGE THE FEDERAL FINANCIAL REGULATORY   STRUCTURE -- Modernizing the Financial Regulatory System Remains a Challenge -- Some Lessons May Be Learned from the United Kingdom's FSA Model   which Emphasizes a Principles-based Approach to Regulation -- Clear, Consistent Regulatory Goals Are Important Steps to Improve   Regulatory Effectiveness -- Treasury Has Announced Plans to Consider Regulatory Structure   Modernization -- APPENDIX I: PARTICIPANTS IN THE JUNE 11, 2007, COMPTROLLER   GENERAL'S FORUM -- APPENDIX II: COMMENTS FROM THE CHAIRMAN OF THE BOARD OF   GOVERNORS OF THE FEDERAL RESERVE SYSTEM -- APPENDIX III: COMMENTS FROM THE CHAIRMAN OF THE NATIONAL   CREDIT UNION ADMINISTRATION -- Related GAO Products -- End Notes -- FINANCIAL REGULATION: A FRAMEWORK FOR   CRAFTING AND ASSESSING PROPOSALS TO   MODERNIZE THE OUTDATED U.S. FINANCIAL   REGULATORY SYSTEM -- WHY GAO DID THIS STUDY -- WHAT GAO FOUND -- ABBREVIATIONS -- BACKGROUND -- TODAY'S FINANCIAL REGULATORY SYSTEM WAS BUILT OVER   MORE THAN A CENTURY, LARGELY IN RESPONSE TO CRISES OR   MARKET DEVELOPMENTS -- Banking -- Securities -- Thrifts and Credit Unions -- Futures -- Insurance -- Secondary Mortgage Markets -- Gramm-Leach-Bliley.

Accounting and Auditing -- Other Financial Institutions -- CHANGES IN FINANCIAL INSTITUTIONS AND THEIR PRODUCTS HAVE   SIGNIFICANTLY CHALLENGED THE U.S. FINANCIAL REGULATORY   SYSTEM -- Conglomeration and Increased Interconnectedness in Financial Markets   Have Created Difficulties for a Regulatory System That Lacks a Systemwide   Focus -- Existing Regulatory System Failed to Adequately Address Problems   Associated with Less-Regulated Entities That Played Significant Roles in the   U.S. Financial System -- Activities of Nonbank Mortgage Lenders Played a Significant Role in Mortgage Crisis   but Were Not Adequately Addressed by Existing Regulatory System -- Activities of Hedge Funds Can Pose Systemic Risks not Recognized by Regulatory   System -- Credit Rating Agency Activities Also Illustrate the Failure of the Regulatory System to   Address Risks Posed by Less-Regulated Entities -- Regulatory System Failed to Identify Risks Associated with Special-Purpose Entities -- CREDIT RATINGS AND THE FINANCIAL CRISIS -- New and Complex Financial Products and Services Also Revealed   Limitations in the Regulatory Structure -- New Complex Securitized Products Have Created Difficulties for Institutions and   Regulators in Valuing and Assessing Their Risks -- Growth in OTC



Derivatives Markets, Which Feature Complex Products That Are Not   Regulated, Raised Regulator Concerns about Systemic Risk and Weak Market   Infrastructure -- New Complex Products Have Also Created Challenges for Regulators in Ensuring   Adequate Investor and Consumer Protection -- Increased Complexity and Other Factors Have Challenged Accounting Standard   Setters and Regulators -- Globalization Will Further Challenge the Existing U.S. Regulatory System -- A FRAMEWORK FOR CRAFTING AND ASSESSING ALTERNATIVES FOR   REFORMING THE U.S. FINANCIAL REGULATORY SYSTEM.

1.  Clearly defined regulatory goals. -- 2.  Appropriately comprehensive. -- 3.  Systemwide focus. -- 4.  Flexible and adaptable -- 5.  Efficient and effective. -- 6.  Consistent consumer and investor protection. -- 7.  Regulators provided with independence, prominence, authority, a -- 8.  Consistent financial oversight. -- 9.  Minimal taxpayer exposure. -- COMMENTS FROM AGENCIES AND OTHER ORGANIZATIONS, AND   OUR EVALUATION -- APPENDIX I: SCOPE AND METHODOLOGY -- APPENDIX II: AGENCIES AND OTHER ORGANIZATONS THAT   REVIEWD THE DRAFT REPORT -- APPENDIX III: COMMENTS FROM THE AMERICAN BANKERS   ASSOCIATION -- APPENDIX IV: COMMENTS FROM THE AMERICAN COUNCIL OF LIFE   INSURERS -- APPENDIX V: COMMENTS FROM THE CONFERENCE OF STATE BANK   SUPERVISORS -- APPENDIX VI: COMMENTS FROM CONSUMERS UNION -- APPENDIX VII: COMMENTS FROM THE CREDIT UNION NATIONAL   ASSOCIATION -- APPENDIX VIII: COMMENTS FROM THE FEDERAL DEPOSIT   INSURANCE CORPORATION -- APPENDIX IX: COMMENTS FROM THE MORTGAGE BANKERS   ASSOCIATION -- APPENDIX X: COMMENTS FROM THE NATIONAL ASSOCIATION OF   FEDERAL CREDIT UNIONS -- APPENDIX XI: COMMENTS FROM THE CENTER FOR  RESPONSIBLE   LENDING, THE NATIONAL CONSUMER LAW CENTER, AND THE U.S.   PIRG -- End Notes -- STATEMENT OF GENE L. DODARO, ACTING   COMPTROLLER GENERAL OF THE UNITED STATES,   BEFORE THE CONGRESSIONAL OVERSIGHT PANEL   ON FINANCIAL REGULATION -- SUMMARY -- TODAY'S FINANCIAL REGULATORY SYSTEM WAS BUILT OVER THE   COURSE OF MORE THAN A CENTURY, LARGELY IN RESPONSE TO   CRISES OR MARKET DEVELOPMENTS -- CHANGES IN FINANCIAL INSTITUTIONS AND THEIR PRODUCTS HAVE   SIGNIFICANTLY CHALLENGED THE U.S. FINANCIAL REGULATORY   SYSTEM -- A FRAMEWORK FOR CRAFTING AND ASSESSING ALTERNATIVES FOR   REFORMING THE U.S. FINANCIAL REGULATORY SYSTEM -- 1.   Clearly defined regulatory goals. -- 2.   Appropriately comprehensive -- 3.   Systemwide focus.

4.  Flexible and adaptable -- 5.  Efficient and effective. -- 6.  Consistent consumer and investor protection. -- 7.  Regulators provided with independence, prominence, authority, -- 8.  Consistent financial oversight. -- APPENDIX I: AGENCIES AND OTHER ORGANIZATIONS THAT   REVIEWED THE DRAFT REPORT -- Related GAO Products -- End Notes -- SPEECH BY TIMOTHY F. GEITHNER, PRESIDENT AND   CEO, FEDERAL RESERVE BANK OF NEW YORK, AT   THE ECONOMIC CLUB OF NEW YORK, JUNE 9, 2008 -- REDUCING SYSTEMIC RISK IN A DYNAMIC FINANCIAL SYSTEM -- Why Was the System so Fragile? -- FIRST REPAIR, THEN REFORM -- What Should Be Done to Reduce These Vulnerabilities? -- REGULATORY POLICY -- REGULATORY STRUCTURE -- CRISIS MANAGEMENT -- CONCLUSION -- CHAPTER SOURCES -- INDEX.