Regulatory responses to the subprime crisis explained

See main article: Subprime mortgage crisis.

Regulatory responses to the subprime crisis addresses various actions taken by governments around the world to address the effects of the subprime mortgage crisis.

Regulators and legislators are considering action regarding lending practices, bankruptcy protection, tax policies, affordable housing, credit counseling, education, and the licensing . Regulations or guidelines can also influence the nature, transparency and regulatory reporting required for the complex legal entities and securities involved in these transactions. Congress also is conducting hearings to help identify solutions and apply pressure to the various parties involved.[1]

U.S. President Barack Obama and key advisers introduced a series of regulatory proposals in June 2009. The proposals address consumer protection, executive pay, bank financial cushions or capital requirements, expanded regulation of the shadow banking system and derivatives, and enhanced authority for the Federal Reserve to safely wind-down systemically important institutions, among others.[2] [3] [4]

U.S. Treasury Secretary Timothy Geithner testified before Congress on October 29, 2009. His testimony included five elements he stated as critical to effective reform:

  1. Expand the Federal Deposit Insurance Corporation (FDIC) bank resolution mechanism to include non-bank financial institutions;
  2. Ensure that a firm is allowed to fail in an orderly way and not be "rescued";
  3. Ensure taxpayers are not on the hook for any losses, by applying losses first to the firm's investors and including the creation of a pool funded by the largest financial institutions;
  4. Apply appropriate checks and balances to the FDIC and Federal Reserve in this resolution process;
  5. Require stronger capital and liquidity positions for financial firms and related regulatory authority.[5]

The Dodd–Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama in July 2010, addressing each of these topics to varying degrees. Among other things, it created the Consumer Financial Protection Bureau.

Housing and Economic Recovery Act of 2008

See main article: Housing and Economic Recovery Act of 2008.

The Housing and Economic Recovery Act of 2008 in the United States included six separate major acts designed to restore confidence in the domestic mortgage industry.[6] The Act included:

Federal reserve powers

A sweeping proposal was presented 31 March 2008 regarding the regulatory powers of the U.S. Federal Reserve, expanding its jurisdiction over other types of financial institutions and authority to intervene in market crises.[7]

Expansion of government agency authority

The U.S House passed a bill in early April, 2008 that would offer government insurance on $300 billion (~$ in) in new mortgages to refinance loans for an estimated 500,000 borrowers facing foreclosure and an additional 15 billion to affected states to buy and fix foreclosed homes.[8]

Lending practices

In response to a concern that lending was not properly regulated, the House and Senate are both considering bills to regulate lending practices.[9]

U.S. Congressional ethics reform

In the wake of a subprime mortgage crisis and questions about Countrywide Financial’s VIP program, ethics experts and key senators recommend that members of congress should be required to disclose information about their mortgages.[10]

Capital reserve requirements

See also: Basel III.

Non-depository banks (e.g., investment banks and mortgage companies) are not subject to the same capital reserve requirements as depository banks. Many of the investment banks had limited capital reserves to address declines in mortgage-backed securities or support their side of credit default derivative insurance contracts. Nobel prize winner Joseph Stiglitz recommends that regulations be established to limit the extent of leverage permitted and not allow companies to become "too big to fail", by breaking them up into smaller entities. He has also recommended reforming executive compensation, to make it less short-term focused; enhance consumer protection; and establish a regulatory review mechanism for new exotic types of financial instruments.

Short-selling restrictions

UK regulators announced a temporary ban on short-selling of financial stocks on September 18, 2008. Short-selling is a method of profiting when a stock declines in value. When large, speculative short-sale bets accumulate against a stock or other financial asset, the price can be driven down. Short sales were among the causes blamed for rapid price declines in Lehman Brother's stock price prior to its bankruptcy.[11] On September 19 the U.S. Securities and Exchange Commission (SEC) followed by placing a temporary ban of short-selling stocks of financial institutions. In addition, the SEC made it easier for institutions to buy back shares of their institutions. The halt of short-selling in the US was set to expire on October 2, but was extended until it expired at 11:59PM EDT on October 8. The action was based on the view that short selling in a crisis market undermines confidence in financial institutions and erodes their stability.[12]

Proposed solutions

See also: Subprime mortgage crisis solutions debate. President Barack Obama and key advisers introduced a series of regulatory proposals in June 2009. The proposals address consumer protection, executive pay, bank financial cushions or capital requirements, expanded regulation of the shadow banking system and derivatives, and enhanced authority for the Federal Reserve to safely wind-down systemically important institutions, among others.[2] [13] [14] Legislation has cleared the house[15] and is progressing in the senate.[16]

A variety of regulatory changes have been proposed by economists, politicians, journalists, and business leaders to minimize the impact of the current crisis and prevent recurrence. However, as of April 2009, many of the proposed solutions have not yet been implemented. These include:

Establish resolution procedures for closing troubled financial institutions in the shadow banking system, such as investment banks and hedge funds.[17]

Restrict the leverage that financial institutions can assume. Require executive compensation to be more related to long-term performance.[18] Re-instate the separation of commercial (depository) and investment banking established by the Glass–Steagall Act in 1933 and repealed in 1999 by the Gramm-Leach-Bliley Act.[19]

Break-up institutions that are "too big to fail" to limit systemic risk.[20]

Regulate institutions that "act like banks " similarly to banks.[21]

Banks should have a stronger capital cushion, with graduated regulatory capital requirements (i.e., capital ratios that increase with bank size), to "discourage them from becoming too big and to offset their competitive advantage."[22]

Require minimum down payments for home mortgages of at least 10% and income verification.[23]

Ensure any financial institution has the necessary capital to support its financial commitments. Regulate credit derivatives and ensure they are traded on well-capitalized exchanges to limit counterparty risk.[24]

Require financial institutions to maintain sufficient "contingent capital" (i.e., pay insurance premiums to the government during boom periods, in exchange for payments during a downturn.)[25]

Nationalize all US banks.[29] [30] [31]

Notes and References

  1. Web site: Speaker Nancy Pelosi . 2008-05-19 . 2008 . dead . https://web.archive.org/web/20080423050405/http://speaker.gov/issues?id=0053 . 2008-04-23 .
  2. https://obamawhitehouse.archives.gov/the_press_office/Remarks-of-the-President-on-Regulatory-Reform/ Remarks by the president on 21st century financial regulatory reform
  3. https://www.washingtonpost.com/wp-dyn/content/article/2009/06/14/AR2009061402443_pf.html Washington Post - Geithner & Summers - A New Financial Foundation
  4. http://www.financialstability.gov/roadtostability/regulatoryreform.html Treasury Department Report - Financial Regulatory Reform
  5. http://www.ustreas.gov/press/releases/tg335.htm Secretary Geithner Testimony to House Financial Service Committee-October 29, 2009
  6. Web site: Summary of Act . 2008-09-19 . 2008-06-26 . https://web.archive.org/web/20080626000254/http://banking.senate.gov/public/_files/HousingandEconomicRecoveryActSummary.pdf . dead .
  7. News: Plan would expand Fed's power to intervene in financial crisis - CNN.com. https://web.archive.org/web/20080922034248/http://www.cnn.com/2008/US/03/28/financial.oversight/index.html . September 22, 2008.
  8. News: Alex Veiga . US foreclosure filings surge 65 percent in April . . . . 2008-05-14 . 2008-05-19 . https://web.archive.org/web/20080526080434/http://news.yahoo.com/s/ap/20080514/ap_on_bi_ge/foreclosure_rates;_ylt=AidEK4U.FbpY14fxrg1dZ9us0NUE . 2008-05-26.
  9. News: Congress Takes Up Mortgages: One Proposal to Protect Homeowners May Chill Secondary Debt Market . 2008-05-19 . The Wall Street Journal . 2007-09-06 . James R. . Hagerty . Kara . Scannell . Sarah . Lueck . live . https://archive.today/20220919195858/https://www.wsj.com/amp/articles/SB118904231551018883 . September 19, 2022.
  10. News: Congress keeps mortgages off books . 2008-06-18 . .
  11. Gary Matsumoto (March 19, 2009) "Naked Short Sales Hint Fraud in Bringing Down Lehman". Bloomberg.
  12. https://www.sec.gov/news/press/2008/2008-211.htm SEC Halts Short Selling of Financial Stocks on 09-19-2008
  13. https://www.washingtonpost.com/wp-dyn/content/article/2009/06/14/AR2009061402443_pf.html Geithner & Summers - A New Financial Foundation
  14. http://www.financialstability.gov/roadtostability/regulatoryreform.html Treasury Department Report - Financial Regulatory Reform
  15. http://www.opencongress.org/bill/111-h4173/show H.R.4173 - Dodd-Frank Wall Street Reform and Consumer Protection Act
  16. http://www.opencongress.org/bill/111-s3217/show S.3217 - Restoring American Financial Stability Act of 2010
  17. Web site: Bernanke Remarks . Federalreserve.gov . 2008-12-01 . 2009-02-27.
  18. News: Stigliz Recommendations . . 2008-09-17 . 2009-06-25.
  19. http://www.vanityfair.com/magazine/2009/01/stiglitz200901 Stiglitz - Capitalist Fools
  20. https://www.wsj.com/articles/SB124034036512839857#mod=loomia?loomia_si=t0:a16:g2:r3:c0.0532507:b24033012 Economists Seek Breakup of Big Banks
  21. Book: Krugman, Paul . Paul Krugman

    . Paul Krugman. 2009. . W.W. Norton Company Limited. 978-0-393-07101-6.

  22. http://www.ft.com/cms/s/0/9c158a92-1a3c-11de-9f91-0000779fd2ac.html Greenspan-We need a better cushion against risk
  23. https://www.reuters.com/article/newsOne/idUSTRE51R16220090228?pageNumber=3&virtualBrandChannel=0 Warren Buffett-2008 Shareholder's Letter Summary
  24. http://www.ft.com/cms/s/0/3b94938c-1d59-11de-9eb3-00144feabdc0.html Dinallo-We Modernized Ourselves Into This Ice Age
  25. http://www.economist.com/finance/displaystory.cfm?story_id=13446173 Rajan-Cycle Proof Regulation
  26. Web site: PIMCO-Lessons from the Crisis . Pimco.com . 2008-11-26 . 2009-02-27.
  27. http://www.realclearpolitics.com/articles/2009/03/making_rich_guys_richer.html Jeffrey Sachs-Our Wall Street Besotted Public Policy
  28. http://www.ft.com/cms/s/0/85106daa-f140-11dd-8790-0000779fd2ac.html Ferguson - Beyond the Age of Leverage
  29. http://gawker.com/5153314/the-joe-francis-of-pessimism-porn The Joe Francis of Pessimism Porn
  30. https://www.washingtonpost.com/wp-dyn/content/story/2009/02/12/ST2009021203365.html Nationalize the Banks! We're all Swedes Now
  31. http://www.charlierose.com/view/interview/9310 Roubini Interview