As you may have read (
hereor
here), the Fool hit the White House on Tuesday to talk
about President Obama's plan for financial regulation.
If you haven't read the 89-page manifesto yet, put away
the 5-Hour Energy shots.
The Wall Street Journalposted
a great summary.
Too lazy to do that? All right, I'll bail you out. (Get
it?) Basically, the President has released a comprehensive
plan to minimize the effects of the next financial
catastrophe on the U.S. and the rest of world. Notice I
didn't say "prevent." We'll always have greed, bubbles, and
irrational exuberance. All we can do is minimize their
effects.
Here are my thoughts on the key areas affected by the
plan:
Too big to fail
The plan falls short of forcibly breaking up the
Frankenbanks (I'm looking at you,
Bank of America (NYSE: BAC),
JPMorgan (NYSE: JPM),
Citigroup (NYSE: C), and
Wells Fargo (NYSE: WFC)), but it does make it
much more onerous and less advantageous to be huge. It also
gives the government authority to take over and dismantle
troubled "too-big-to-fails" so the entire financial system
doesn't get held hostage (again).
Derivatives
In a post-plan world, there would be more transparency
(e.g. derivatives exchanges), more capital requirements, less
reliance on credit agencies, and fewer people allowed to play
with derivatives. There would also be more skin in the game
-- a bank that, for example, originates a mortgage would have
to keep some financial interest in it as the mortgage gets
sliced and diced into financial sausage.
Closing loopholes
The plan makes strides to bring accountability to
regulation. Because like companies and products would be
regulated by the same agency, because regulatory exemptions
would be lifted, and because roles would be more clearly
defined, there would be less fingers pointing there and more
bucks stopping here.
Opening up black boxes
One of the big dangers out there is the laissez-faire
treatment of big money: hedge funds, private-equity funds,
and venture capital funds. Now, they'd have to register with
the SEC, submit to more regulation, and let some light shine
into their hitherto unlit worlds. Regulation isn't perfect.
(Madoff, for instance, was registered with the SEC well
before his scheme blew up.) But an absolute lack of
regulation is downright small-f foolish. It's like refusing
to wear a seat belt because sometimes they fail.
Fannie Mae (NYSE: FNM)
and Freddie Mac (NYSE: FRE)
A decision would finally be made: Wind them down, fully
privatize them, or convert them to public utilities. In any
case, we know what doesn't work: a quasi-government private
company.
An FDA for consumers
This is the portion of the plan getting the most press,
and I think the FDA comparison is apt. The Food & Drug
Administration makes sure the public is protected from
snake-oil salesmen. The Consumer Financial Protection
Agency's mission is to stop the drilling in financial snake
oil. Before you
get all Ayn Rand on me, do you
reallythink unchecked financial innovations like
option ARMs do more good than harm? If so, then you probably
also think "liquidity" is a sufficient argument for unchecked
derivatives -- and you're probably getting ready to cash a
huge bonus check from
Goldman Sachs (NYSE: GS) or the like. Continued... |