impact of govt. policies

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    Impact of Government Policy and

    Regulation

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    Impact of Government Policy andRegulation

    Key Topics

    Reasons for Regulation

    Major Regulators and Laws

    Riegle-Neal and Gramm-Leach-Bliley Acts

    Key Unresolved Regulatory Issues

    Central Banking System

    Federal Reserve System and LeadingCentral Banks of Europe and Asia

    Impact of Central Bank Policy Tools

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    Why are banks regulated?

    Most regulated industry

    protect the public's savings

    control the money supply

    ensure adequate supply ofloans and to ensure fairness

    maintain confidence in thesystem

    avoid monopoly powers

    provide support for governmentactivities

    support special sectors of theeconomy

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    Dual Regulatory System

    State closer control over banksoperating in their states

    Federal ensure banks are treatedfairly across state lines

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    Chief Regulators

    Controller of the Currency

    Federal Reserve System

    Federal Deposit Insurance Corporation

    Department of Justice

    Securities and Exchange Commission

    State banking commissions

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    Why do banks fail?

    Banks small capitalbase

    Financial repressionby the government

    Bank runs

    Fraud

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    Capital adequacy

    Well-capitalized 10%

    Adequately capitalized 8%

    Undercapitalized 6%

    Significantly undercapitalized < 6%

    Critically undercapitalized < 2%

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    Bank growth and failure

    Assets Liabilities

    Loan $102@9% Deposits $90@7%

    Loan loss reserve -2$100 Equity $12

    -Loan loss prov. - 2Totals $100 $100

    Net income = $9.18 - $6.30 = $2.88ROA = $2.88/$100 = 2.88%

    E/A = $10/$100 = 10%Well-capitalized

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    Bank growth and failure

    Assets Liabilities

    Loan $102@9% Deposits $110@7%Loan 10@9%

    Loan 10@9%Loan loss reserve -2$120 Equity $12

    -Loan loss prov. - 2Totals $120 $120

    Net income = $10.98 - $7.70 = $3.28ROA = $3.28/$120 = 2.73%

    E/A = $10/$120 = 8.33%Adequately capitalized

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    Bank growth and failure

    Assets Liabilities

    Loan $102@9% Deposits $110@7%Loan 10@9%

    Loan 0 Equity $ 12Loan loss reserve 0 -Loan loss prov. - 2$112 -Excess loan loss - 8

    Totals $112 $112

    Net income = $10.08 - $7.70 = $2.38ROA = $2.38/$112 = 2.13%

    E/A = $12/112 = 1.79%Critically undercapitalized

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    Early significant banking regulation

    National Bank Act of 1864 National banking system

    Created OCC to charter and

    regulate Circulate currency

    Federal Reserve Act of1913

    Central payment system Monetary policy

    Lender of last resort

    Based on Koch and MacDonald 2006

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    Bank reforms of the 1930s

    Large scale failures prior to and during theGreat Depression in the period 1921-1933caused Congress to pass new legislation

    regulating banks

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    Glass-Steagall Act of 1933

    Separated banking from investment banking andinsurance

    Established the FDIC

    Fed may regulate time deposit rates and prohibitinterest on demand deposits

    Increased the minimum capital requirements onnational banks

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    Banking reforms of the 1930s

    Restrictions

    Pricing - rates on deposits

    Geography entry and interstate banking Services scope and nature of business;

    investment banking

    Capital minimum capital requirements

    and other balance sheet restrictions

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    Social Graces and Morales-Social

    Responsibility Laws

    Truth-in-lending Act

    Equal CreditOpportunity Act

    CommunityReinvestment Act

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    Late 1970s

    Banking stable since the1930s regulation

    Banks compete withtoasters, silverware, andentertaining customers

    Inflation in late 1970sdue to oil prices

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    Late 1970s

    Regulation Q placed limits on depositcosts

    Geographic restrictions on interstatebanking and branch banking

    Product restrictions on securities powers

    Junk bond markets open to medium-sizedfirms

    Credit cards replace checking

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    Depository Institutions Deregulation and

    Monetary Control Act (DIDMCA) of 1980

    Uniform reserve requirements for all depositoryinstitutions.

    Federal Reserve services available to all

    depository institutions. Regulation Q to be phased out

    Deposit insurance limit raised to $100,000 peraccount

    Negotiable order of withdrawal (NOW) accountsapproved (6% interest rate max)

    S&Ls to make consumer loans

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    Garn-St Germain Depository

    Institutions Act of 1982 Money market deposit accounts (MMDAs) to

    compete with money market mutual funds

    (MMMFs). FDIC/FSLIC assistance for troubled or failing

    institutions

    Asset powers of thrifts expanded in consumer

    and commercial lending

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    Riegle-Neal Interstate Banking and

    Branching Act of 1994

    Interstate banking allowed throughacquisitions, mergers, or branchingacross state lines.

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    Gramm-Leach-Bliley Act (Financial

    Services Modernization Act of 1999

    Ended prohibitions on investment bankingand insurance underwriting.

    Banks, brokerage firms, and insurancecompanies can merge.

    Financial holding companies allowed toengage in a wide variety of financial

    services (i.e., financial supermarkets).

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    21st Century Regulations

    USA Patriot and Bank Secrecy Acts

    Sarbanes-Oxley Accounting StandardsAct SOX

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    21st Century Regulations

    Fair and Accurate Credit Transactions(FACT)

    Check 21 Bankruptcy Prevention and Consumer

    Protection Act of 2005

    Federal Deposit Insurance Reform Actof 2005

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    New Regulatory Strategies

    Refocused torisk and capital,

    away fromservices andgeography.

    Public disclosure

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    Unresolved Regulatory Issues

    Moral hazard problem of depositinsurance

    Deregulation increases chances ofbank failure

    Conglomerates raiding bank funds forother businesses

    Quality of regulators in complex world

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    Unresolved Regulatory Issues

    Overlapping of regulation infirms with multiple types offinancial services

    Mixing banking with traditionalbusinesses

    International regulation issues

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    Central Banking System

    Monetary policy

    Open market operations

    Reserve requirements Interest rates (discount rate)

    Currency values

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    Questions?