Only fight the battles worth fighting ..... the Volcker rule can go
Only fight the battles worth fighting ..... the Volcker rule can
go
ref :- "Drop the Volcker rule and keep what works" , The
Financial Times, Leader
Few would argue that substantial regulatory reform wasn't
essential after the financial crisis of 2008. In the poisonous atmosphere of
the time even fewer had the appetite to publicly challenge even the
elements of the resulting Dodd-Frank reform package that they believed to be
misguided. For the most part, if you were a banker or an investment manager say,
it was time to keep your head down. But in the years since, certain market
events -- flash crashes and taper tantrums for example --
have illustrated the liquidity problems that are the result of the new
legislation, and allowed a healthier debate about whether some of the measures
are such a good idea, or whether they in fact increase the risks to investors.
One such measure is the Volcker rule, named after the former
chairman of the Federal Reserve Paul Volcker. The Trump camp has been nothing
if not forthright about their intention to drive a coach and horses through the
Dodd-Frank legislation, which is a concern to many, but their efforts to scrap
the Volcker rule in particular will garner much more support. The FT editorial,
which let's face it is often partial to assuming the moral high ground, is in
favour of doing away with rule for stunningly pragmatic reasons on this
occasion. Firstly, because it has quickly become nigh impossible to apply and
secondly, because it's worth sacrificing if helps to defend other, more crucial
elements of Dodd-Frank.
To quote the FT : "The Volcker rule was intended to prevent
banks from using depositors' money to make risky trades for their own account
-- lowering the chance that a bank, damaged by a trade gone bad,
would seek a government bailout. The rule's framers also decided to allow
deposit-taking banks to trade in the market on behalf of clients. Market-making
requires holding an inventory of securities for shorter or longer periods. This
in turn necessitates hedging trades to keep the bank's own net exposure down.
The resulting activity is so complex that telling speculation from client
service is often a fool's errand."
Quite so ..... but the most widely-held reason to repeal the rule
is that it adds to an already dangerous lack of market liquidity in times of
stress that causes violent short-term market moves. The rule's ambiguities mean
that banks are reluctant to hold inventory, and without that inventory banks
cannot as buffers between buyers and sellers to smooth market action in times
of duress. Actually, the FT is a little sniffy about this as a reason. There
were numerous occasions of markets drying up before the Volcker rule was
implemented, it is argued. That's true of course, but maybe misses the point.
Nobody is saying that absences of liquidity won't occur after repeal (of course
they will), but in markets so often driven by algorithmic computer signals any
measure that would make them less likely should be encouraged.
This liquidity issue is crucial ..... rafts of banking legislation
since the crisis have already made it hugely expensive and difficult to remain
compliant. For reasons of economies of scale, this has the effect of pushing
out smaller operations and concentrating business in fewer, bigger hands, which
not only causes problems of liquidity but also of competition, or rather the
lack of it.
You could easily make the case that the higher capital requirements
today protect the banking system to such an extent that much of the Volcker
rule is redundant anyway. It is simply too costly to trade your own book under
the new legislation, which is why European banks have pulled back from
proprietary trading even though they do not come under the Volcker rule. That
being so, says the FT, if you're a supporter of strong financial regulation why
not ditch Volcker in return for something else ? Maintaining or even
strengthening the commitment to high capital requirements, for example ?
It's a fair plan ..... although so far the Trump administration
does not give the impression of being open to that sort of compromise.
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