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Posts with tag regulations

Dear Fed: If it acts like a bank, regulate it like a bank!

During the recent testimony by Fed Chairman Ben Bernanke, Treasury Secretary Hank Paulson and SEC Chairman Christopher Cox, it has become increasingly clear that the Federal Reserve will be forced at least in the near term to extend a financial lifeline to any and all U.S. financial entities that are too big to fail. This refers to entities whose failure cold endanger the U.S. economy and in some cases the global financial markets.

I have learned during my investment career to watch what the Fed does much more than what it says. This has been demonstrated by Chairman Bernanke's extension of the discount window to Fannie Mae and Freddie Mac in recent days despite initial indications by Secretary Paulson to the contrary. Hawkish talk remains just that, not action.

The discount window was initially intended only for regulated banks to prevent a meltdown of the financial system from bank failures. In return for this financial insurance, banks are regulated, including the charging of fees. One can debate the alternatives to such an arrangement. However, this regulatory framework will probably be with us for the foreseeable future.

Continue reading Dear Fed: If it acts like a bank, regulate it like a bank!

Germany's Merkel says Europe should spearhead financial market reform

German Chancellor Angela Merkel said continental Europe should take the lead in financial market reform because the "Anglo-Saxon" model of regulation had failed, The Financial Times reported Wednesday.

Merkel, speaking before her meeting with U.S. President Bush and ahead of next month's G-8 leading industrialized nations economic summit, called for a European credit ratings agency to counter-balance Moody's and Standard & Poor's (NYSE: MHP), adding that despite the progress Europe has made with the euro, the financial regulatory framework is still "a strongly Anglo-Saxon dominated system."

Reforms sought by Berlin will include a ban on agency ratings for products they helped to create, new capital adequacy ratios for banks, and the prevention of bank sale of products they don't understand.

London-based economist Mark Chandler told BloggingStocks Wednesday he agrees with Merkel on the need for both financial market reform and a Europe-based counterweight to complement the largely U.S.-based regulatory framework, but is slightly surprised by Merkel's rhetoric.

Continue reading Germany's Merkel says Europe should spearhead financial market reform

Fed Chairman Volcker's testimony: Update regulations to reflect the new reality!

Former Fed Chairman Paul Volcker gave testimony today before a Joint Economic Committee of Congress. He addressed the current financial and economic environment and the role of the Federal Reserve.

He discussed how the financial market environment has changed considerably since his tenure as Fed Chairman in the early and mid 1980's. He pointed out that financial institutions like investment banks and hedge funds, whose failure can have tremendous effects on the financial system, are lightly regulated. "Systemically important investment-banking institutions should be regulated and supervised" in a similar manner to commercial banks.

Chairman Volcker stressed the need to update the entire regulatory framework, saying "It's not simply a matter of inexperience or technical failures." He also discussed the need to update regulations on a global basis because of the increasing coordination between world central banks.

Continue reading Fed Chairman Volcker's testimony: Update regulations to reflect the new reality!

Student loans to get more regulation and more pricey

In March of this year, the office of New York Attorney General Andrew M. Cuomo entered into investigation of questionable practices involving institutions of higher learning and possible manipulations of lists of student loan issuers. The claim is that several well known schools and others are allegedly taking "incentives" from lenders for providing them preferential treatment.

Ellen Frishberg, director of student financial services at Johns Hopkins University, indicated that in her opinion the investigations of lender listing practices are something akin to a witch hunt. She maintained that some schools might be unfairly targeted for investigation by virtue of having put the work into screening to create lists of quality lenders. Frishberg made clear that Hopkins has indeed received solicitations for preferred list placement, which reveals the truth of the problem, but said that Hopkins turns a deaf ear to enticements of this kind.

In an article from The Baltimore Sun she stated, "We have ethics here." Since the time Ms. Frishberg issued that statement, she has resigned from her position with the university after investigation concluded she received some $67,000 in assorted grants and payments from companies she had coincidentally chosen to endorse. So much for ethics.

Continue reading Student loans to get more regulation and more pricey

The Brits talk smack about private equity

Well, it looks like the UK's Financial Services Authority is not a fan of private equity. The government agency is concerned that a mega deal will inevitably implode – leaving governments with the tab. Another concern: private equity transactions often lead to layoffs.

As a result, expect more scrutiny from the UK.

This is certainly big news for US private equity players. After all, it is getting tougher to find good deals here. So, why not move overseas? In fact, Europe is certainly ripe for restructuring.

But David Bonderman, who heads the Texas Pacific Group, is not happy about the UK's stance. While he admits there could be problems – it is still not inevitable. He also complained that private equity is being "demonized."

OK, maybe it is. But, Mr. Bonderman is making huge amounts of money from his deals. So, can't he take some criticism? Might it be possible that private equity firms are doing bad deals?

Actually, as private equity firms grow in size, there is a need to get more politically savvy – especially in light of the Dems sweep of the Congress. There is also an investigation – by the Justice Department – of possible antitrust violations of private equity firms.

No doubt, Bonderman is brilliant when it comes to structuring deals. But he definitely needs to get some better coaching when it comes to dealing with US and foreign governments.

Tom Taulli is the author of various books, including the Complete M&A Handbook and the EDGAR-Online Guide to Financial Statements.

Louisiana legislators love eBay, thanks to powerful lobby

"I think eBay is great!" one Louisiana state senator told the New York Times. Another smiled broadly while voting for Louisiana Senate Bill 642, which exempted eBay and other internet businesses from law requiring licenses for auctioneers. It's just one indication of eBay's powerful lobbyists, working hard from California to Baton Rouge to make sure its sellers don't have to follow rules meant for pawn brokers, ticket scalpers and auction houses (despite its description of its services as "auctions").

The company, protecting its $500 million in quarterly listing fees, is acting in what the Times calls a "savvy, resourceful," "remarkably successful," "grass roots" and "not shy" manner to stop adverse legislation. Interestingly, the company uses email missives much like the one Meg Whitman sent on Friday, but on a more localized level, to engage its users in the fight against restrictive legislation.

Still more intriguing is the company's stance on legislation meant to reduce fraud on its site; according to the Times, eBay opposes anti-fraud regulations as the company "sees its online community as self-regulating."

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Last updated: August 21, 2008: 09:32 PM

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