the Volcker rule:
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The premise behind the Volcker Rule, like Glass-Steagall before it, is that there is a fundamental difference between commercial banking and investment banking. Commercial banking requires detailed local knowledge and patience. Nobody gets filthy rich lending to ordinary businesses. Investment banking, by contrast, is a trading culture. You don't need to know much about the underlying business if you have a feel for doing deals and reading market trends and can make a quick fortune. In the old days, investment bankers took these risks with their own money. Since the repeal of Glass-Steagall, giant outfits like Citigroup and Bank of America do both kinds of activity, putting their customers at risk and the taxpayer on the hook.
link Panel Begins to Set Rules to Govern Financial SystemWASHINGTON — The new regulatory board charged with overseeing the stability of the financial system took its first big steps on Tuesday to set out tentative guidelines to limit trading by banks for their own accounts and to restrict the growth of the biggest financial companies.
The Financial Stability Oversight Council, the grand council of financial regulators created by the Dodd-Frank Act, also proposed rules as to which large financial companies that were not banks would be regulated by the Federal Reserve because they constituted a potential threat to the nation’s financial system’s stability based on their size.
It is likely to take several days for Wall Street to wade through and decipher many of the implications of the recommendations, which were embedded in reams of studies, reports and regulatory filings released simultaneously Tuesday afternoon. Among the four documents was a 79-page report on the Volcker rule, the ban on trading by banks for their own accounts that is named for Paul A. Volcker, the former Fed chairman who championed the idea, and 46 pages of proposed rules on regulating nonbank financial companies.
The recommendations made public on Tuesday are subject to revision based on public comments and the recommendations of various other state and federal regulatory agencies. But the proposals are among the most concrete steps yet aimed at preventing financial institutions from becoming “too big to fail” and at keeping tabs on insurance companies and other companies whose activities could endanger the American economy.
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Key study on implementing Volcker Rule releasedThe nation's most powerful financial regulators
published a new blueprint Tuesday for how they will aim to keep banks from engaging in risky, speculative activity.
In a key step in the implementation of the financial reform legislation signed into law last summer, the Treasury Department and bank regulators approved an 81-page study Tuesday of how to implement the "Volcker Rule," the provision of the legislation that aims to keep banks that benefit from a federal government backstop from undertaking risky trading and other investment activities.
The document calls for "robust" enforcement of the law, first proposed by former Federal Reserve chairman Paul Volcker as a step to try to prevent banks from making irresponsible bets that could ultimately necessitate a federal bailout.
"The regulations should prohibit improper proprietary trading activity using whatever combination of tools and methods are necessary to monitor and enforce compliance with the Volcker Rule," said the report, issued at a meeting of the Financial Stability Oversight Council on Tuesday. The council is meant to be a key policy-making body under the new financial reform law, consisting of the Treasury Secretary and the heads of the Federal Reserve, Federal Deposit Insurance Corp., Securities and Exchange Commission and other top financial regulators.
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FedThe Federal Reserve Board on Wednesday announced its approval of a final rule to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that give banking firms a period of time to conform their activities and investments to the prohibitions and restrictions of the so-called Volcker Rule.
The Volcker Rule generally prohibits banking entities from engaging in proprietary trading in securities, derivatives, or certain other financial instruments and from investing in, sponsoring, or having certain relationships with a hedge fund or private equity fund. The statute generally provides banking entities two years to bring their activities and investments into compliance and allows the Board to extend this conformance period under certain conditions.
The Dodd-Frank Act requires that the Board issue rules implementing the Volcker Rule's conformance period. In developing the rule, the Board consulted with the Department of the Treasury, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission. The final rule is substantially similar to the proposal published in November.
The final rule is effective April 1, 2011.