1.

Record Nr.

UNINA9910955292903321

Titolo

Modernizing financial regulation / / 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.

Sommario/riassunto

Explores a framework for modernising the outdated US financial regulatory system to help policymakers weigh various regulatory reform proposals and consider ways in which the regulatory system could be made more effective and efficient.