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Chapter 2

Government
Policies and
Regulation

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whole or in part.
Historical Bank Regulation
 Glass-Steagall Act (1933-1999)
 Created three distinct industries
 Commercial Banking

 Investment Banking

 Insurance

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Historical Bank Regulation
 Definition of a Commercial Bank
 Limitations on:
 Geographic Scope
 Products and Services

 Results:
 Large number of small banks
 Limited products and services banks
could offer
 Limited geographic area to operate

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Goals and Functions of Bank Regulation

 Ensure the Safety and Soundness of


Banks
 Provide an Efficient and Competitive
Financial System
 Provide Monetary Stability
 Maintain the Integrity of the Payments
System
 Protect Consumers from Abuses

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Supervision and Examination


 FDIC
 OCC

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Supervision and Examination


 CAMELS
 Capital

 Asset Quality

 Management Quality

 Earnings Quality

 Liquidity

 Sensitivity to Market Risk

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Supervision and Examination


 Memorandum of Understanding
 Formal regulatory document

 Cease and Desist Order


 Legal document

 Has legal standing

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 New Charters
 Dual Banking System
 Office of the Comptroller of the
Currency
 Charters national banks

 Office of Thrift Supervision


 Charters federal savings banks and

savings associations
 National Credit Union Administration
 Charters federal credit unions

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 New Charters
 State Banking Authorities
 Charter state banks

 State Savings Authorities


 Charter state savings banks

 State Credit Union Authorities


 Charter state credit unions

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 National versus State Charter


 All banks obtain FDIC deposit
insurance as part of the chartering
process
 National banks must join the Fed
 Primary regulator is the OCC

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 National versus State Charter


 State banks may join the Fed
 State banks are regulated by their state

banking authority
 State banks also have a primary federal

regulator
 Federal Reserve for member banks
 FDIC for non-member banks

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

©2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

©2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Commercial Banks, Savings


Institutions, and Credit Unions
 Commercial Banks
 Specialize in short-term business credit
 Savings Institutions
 Specialize in real estate loans
 Stockholder versus Mutual Ownership

 “Qualified Thrift Lender”

 Unitary Thrift Holding Company

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Commercial Banks, Savings


Institutions, and Credit Unions
 Credit Unions
 “Common Bond” requirement
 Exempt from Federal Taxation

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Federal Deposit Insurance


 Currently full coverage for demand
deposit accounts until 12/31/2013
 Currently coverage of at least $250,000
per depositor on interest-bearing
accounts
 Coverage will revert to $100,000

($250,000 for retirement accounts) per


depositor on 1/1/2014
 Original limit in 1933 was $5,000

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Federal Deposit Insurance


 Goal is for fund to be 1.25% of deposits
 Banks pay risk-based deposit

insurance premium to the Deposit


Insurance Fund

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Federal Deposit Insurance


 Federal Deposit Insurance Corporation
 Receiver of failed institutions

 Liquidate
 Sell
 Too Big to Fail Policy

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Activities Permissible for a National Bank


 General Banking Activities
 Branching

 Consulting and financial advice

 Corporate governance

 Correspondent service

 Finder activities

 Leasing

 Lending

 Payment services

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Activities Permissible for a National


Bank
 Fiduciary, Insurance and Annuities
Activities
 General trust activities, employee
benefit accounts, and real estate
brokerage
 Insurance and annuities activities

 Securities activities

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Activities Permissible for a National


Bank
 Technology and Electronic Activities
 Digital certification
 Electronic bill payments

 Electronic correspondent services

 Electronic storage and safekeeping

 Internet access service

 Internet and PC banking

 Software development and production

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Activities Permissible for a National Bank


 Investments
 Asset-backed securities

 Bank stock

 Bankers acceptances

 Corporate bonds

 Collateralized mortgage-related investments

 Commercial paper

 Money market preferred stock,

 Trust preferred securities

 State and local bonds

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Ensure Safety & Soundness and Provide an Efficient & Competitive
System

 Shortcomings of Restrictive Bank


Regulation
 Doesnot prevent bank failure
 Cannot eliminate economic risk
 Assumed markets for bank products
could be protected
 Discriminated against U.S. based firms

 Does not guarantee that bank


management will make good decisions

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Maintaining Monetary Stability and the Integrity of the
Payments System

 The Role of the Central Bank in the


Economy: The Federal Reserve
System
 Fundamental Functions
 Conduct monetary policy
 Provide and maintain the payments

system
 Supervise and regulate banking

operations

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Maintaining Monetary Stability and the Integrity of the
Payments System

 The Role of the Central Bank in the


Economy: The Federal Reserve
System
 Monetary Policy
 Open Market Operations
 Open market purchases (sales) increase
(decrease) reserves & the money supply

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Maintaining Monetary Stability and the Integrity of the
Payments System

 The Role of the Central Bank in the


Economy: The Federal Reserve
System
 Monetary Policy
 Discount Rate
 Decreasing (Increasing) the discount rate
makes bank borrowing less (more)
expensive, which leads to an increase
(decrease) in the money supply

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Maintaining Monetary Stability and the Integrity of the
Payments System

 The Role of the Central Bank in the


Economy: The Federal Reserve
System
 Monetary Policy
 Reserve Requirements
 Decreasing (Increasing) reserve
requirements increases (decreases) the
money supply
 Last changed April 1992

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Maintaining Monetary Stability and the Integrity of the
Payments System

 The Federal Reserve’s Crisis


Management Tools
 Term Auction Facility
 Term Securities Lending Facility
 Primary Dealer Credit Facility

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Maintaining Monetary Stability and the Integrity of the
Payments System

 The Role of Depository Institutions


and the Economy
 Banks are the primary conduit for
monetary policy
 Banks are the primary source of credit
for most small businesses and many
individuals

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Efficient and Competitive
Financial System
 Product restrictions, barriers to entry,
and restrictions on mergers and the
degree of branching can clearly
enhance safety and soundness, but
they also hinder competition
 Effective financial regulation requires
a delicate balance between the
system’s competitiveness and general
safety and soundness concerns

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Efficient and Competitive
Financial System
 Organizational Form of the Banking
Industry
 Bank Holding Companies
 Parent
 Subsidiaries

 One-Bank Holding Companies


 Mutli-Bank Holding Companies

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Efficient and Competitive
Financial System
 Consumer Protection
 Reg. B
 Equal Credit Opportunity

 Cannot discriminate on the basis of sex, race,


marital status, religion, age, or national origin
 Reg. Z
 Truth-in-Lending
 Requires disclosure of:
 Effective interest rates, total interest paid,
total of all payments
 Why credit was denied

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Efficient and Competitive
Financial System
 Current Unresolved Regulatory Issues
 Capital Adequacy
 From a regulator’s perspective,

increased capital requirements make


banks safer
 Increasing capital requirements also

has disadvantages
 Equity is more expensive than debt
 Most banks do not have ready access to
the equity markets
 This can lead to more consolidation
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Efficient and Competitive
Financial System
 Current Unresolved Regulatory Issues
 Regulatory Reform
 Regulation of depository institutions is

highly fragmented
 Federal Reserve
 OCC
 OTS
 FDIC
 NCUA

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Efficient and Competitive
Financial System
 Current Unresolved Regulatory Issues
 Regulatory Reform
 Non-depository institutions are not

subject to the same regulatory burdens


as depository institutions
 Large investment banks
 Insurance companies
 Finance companies
 Hedge funds
 Credit card companies

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and Competitive Financial
System
 Current Unresolved Regulatory Issues
 Regulatory Reform
 Since the Fed is willing and able to

assist financial players they do not


directly supervise, the system appears
to be at greater risk than it was before
the most recent financial innovations

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Bank Regulation in
East Asia and Southeast Asia
 China, HK SAR, Singapore and
Malaysia chosen as benchmarks
 Global recession impacted upon these regions
differently from the US
 Government policies an bank regulation differed
between countries according to whether they
were more centrally planned or market driven
 All economies chosen are mixed economies,
China is more planned, Hong Kong, Singapore
and Malaysia are more market driven but
Malaysia is Islamic banking driven

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Bank Regulation in China
 Four Main Bank Entities report directly
to State Council:
 CBRC, PBOC, MOF and SAFE

 Main Financial Institution Groupings


 Three Policy Banks
 Five large Commercial Banks (Equitized Banks)
 Twelve Joint Stock Company Banks (JSCBs)
 144 City Commercial Banks, also JSCBs but on a
lower tier

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China: Goals and Functions of
Depository Institution Regulation
 Goals and functions similar to those in US.
Safety, Efficiency, Competition, Monetary
Stability, Integrity of Payments System and
Consumer Protection.
 Real difference is that liberalization and
privatization is still planned by central
planners and not from private initiative
 Even in privatized banks in China, equity
holders may only be approved to qualified
private shareholders

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China: Bank Control by State
Council and the CPC
 Policy Banks controlled by and Report
back to State Council
 The Five Equitized Banks are the most
dynamic and dominant. Tradable
shares only make up small proportion
of total shares and government control
is bolstered by non-tradable shares
allocated to shareholdings of other
government departments.

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China: Bank Control by State
Council and the CPC continued
 The 12 advanced JSCBs are more independent but
less successful than the equitized banks as there is
less government involvement.
 CBRC Regulated City Commercial Banks serve
urban small businesses and micro-enterprizes
 Rural Credit Cooperatives provide 77.4% of rural
loans and distribute all rural subsidies of the
central government. Only financial institution
providing 76% of rural towns and villages with
financial services

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China: Shadow Banks.
 Shadow bank involved in all credit intermediation
activities not caught in conventional banking
system.
 They indicate there is a misallocation of funds
 They exist because:
 Depositors offered higher interest rates than a
regulated bank
 Some entities want to conceal their wealth from
government authorities
 SMEs cannot obtain funds from legal banks and are
prepared to pay the usurious rates of shadow banks
or drastic penalties fro default.

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Hong Kong SAR: Bank Regulation
 The HKMA is the Bank Regulator
 Functions of Bank Regulation in HK
 Maintain Monetary Stability
 Maintain Banking Stability
 To Meet Currency Exchange Objectives
 To Promote HK SAR as an international financial
center and ensure it is internationally competitive
 To maintain and develop its financial
infrastructure

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Singapore: Macro-Prudential
Policy for Systemic Safety
 In January 2013, MAS published a
monograph on regulation of FMIs.
 Two key objectives:
 Safety
 Efficiency
 Achieved by monitoring and assessing
FMIs that they have:
 Proper structures, processes and rules
 Particularly with cooperative oversight of
cross-border or multicurrency FMIs that
may affect Singapore’s financial stability
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Malaysia: Bank Regulation
 Central Bank is Bank Negara Malaysia
 Has Islamic Banking Infrastructure
 Backed by Shariah advisory councils
 Special Labuan Economic Zone where
regulator is Labuan Financial Services
Authority
 Has established reputable international
Islamic banking and finance center
strategically located between China and
India/Middle East.

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46
Chapter 2

Government
Policies and
Regulation

©2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in
whole or in part.

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