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Bloomberg View says it is important for the living wills for U.S. banks that are "too big to fail" to be ready by the end of August 2011. This is required under the Dodd-Frank legislation. The living wills are designed to provide the government and the FDIC with an orderly pathway for winding down the business of a bank. On August 8, 2011, when the Dow Jones Averages dropped by 634 points, shares of Bank of America and Citigroup led the decline. Bloomberg points out that investors think Bank of America's net worth is only one third of what the bank claims, and for Citigroup this is less than half. Investors view the stocks of these banks as risky because they are likely to need to raise fresh capital and this would dilute the value of existing shares.

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The process leading to the credit rating downgrade for the U.S., including S&P's $2 trillion error in estimating the total U.S. deficit in the next ten years, is causing both Republicans and Democrats to agree on the need for greater public scrutiny of the agencies. Congressmen from both parties in Congress now agree that ratings firms need to play a smaller role in the financial system than they have in the past. It now appears certain that there is no chance that Congress will allow a change in the Dodd-Frank legislation provision that requires regulators to take out references to ratings from their rules. Banking trade groups had been pushing for a change in the provision. Karen Petrou of advisory firm Federal Financial Analytics says this event will also make U.S. regulators look for ways in which changes can be made to international financial agreements that require credit ratings. This includes the capital and liquidity requirements laid out by the Basel Committee. The credit ratings firms say they support efforts to decrease reliance on their ratings in the rules....

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Dilution of the Volcker Rule by defining "hedging" as covering bank risk on a "portfolio basis," "including aggregate risk of one or more trading desks." The new wording is in a 174 page draft proposal for the rule released by regulatory agencies. The Federal Reserve, the FDIC, the CFTC, the SEC, and the Treasury Department are putting together the final wording. This opens the door for banks to engage in proprietary trading on their own account. Experts say this makes it possible for financial firms to make all kinds of bets on the market, by defining the risk of its portfolio broadly, such as a U.S. recession. Additional changes are the deleting of the requirement that chief executives pledge their firms are not engaging in proprietary trading. Another change that is being debated is whether to require banks to report all trading to a single repository so that regulators can see if there is systemic risk. The result of this would be a watering down of the original Volcker Rule provision in the Dodd-Frank legislation, that banned proprietary trading after the 2008 financial collapse on Wall Street....

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Two realities are affecting exchanges. One is that trading commodities and derivatives is a $600 trillion business worldwide and is more profitable than trading in corporate shares. This shows in the value of ICE and NYSE in the stock market. In April 2011 ICE was valued at $1.5 billion less than NYSE, in Dec 2012 ICE was valued at $4 billion more that NYSE as it makes its bid to merge with NYSE. The other is that the Dodd-Frank financial system overhaul in the U.S. after the 2008 financial crisis has created a new model for derivatives trading providing advantages to regulated electronic exchanges and clearinghouses that handle derivatives trades with transparency. Jeffrey Sprecher, CEO of ICE, the IntercontinentalExchange, which handles derivatives trading through its clearinghouse operations, says: "For the past decade, our solutions made our markets increasingly electronic and increasingly clear. Today, financial reform is imposing that vision on many markets through a rule-making process." Bart Chilton, a member of the CFTC which regulates derivatives trading says Dodd-Frank legislation supports the business model of derivatives exchanges. This is especially true for Mr Sprecher and ICE. Sprecher has a good relationship with regulators with whom he talks directly, and is supportive of CFTC efforts to close loopholes as he is confident he can make money as long as the rules are clear. His confidence stems from his model which is technology based from day one, with its own clearinghouse and technology based transparency of the ICE data vault, information it shares with regulators. Sprecher stumbled upon this opportunity. He is an executive in the power industry. Working on developing power plants Sprecher found it was difficult for power firms to hedge investments in energy with financial contracts because there was no well organized, clear and transparent market for such contracts. This he set out to do by buying a little know exchange in Atlanta for buying and selling electricity, later getting the the backing of BP, and investment banks such as Goldman Sachs and Morgan Stanley, to form ICE in 2000. Banks liked the idea of a having an organized clear place to buy and sell derivatives in oil and other commodities, and having an alternative to the Chicago Mercantile Exchange in futures trading. Swaps trading under Dodd Frank supervision is converting to old style futures contracts where there is less competition for ICE's futures trading creating new opportunity. ICE setup its own clearinghouse, and acquired the Clearing Corporation, which was the base for a derivative called credit-default swap. To make derivatives trading transparent and reduce systemic risk Dodd-Frank legislation required exchanges to provide information to data warehouses which would then share the information with regulators. ICE setup its own data warehouse to do this called ICE Trade Vault. Dood-Frank rules envisioned the formation of clearinghouses and exchange such a ICE to provide a clear process, transparency and reduce systemic risk in derivatives trading. ICE under Sprecher by making this vision its own and using technology has created new opportunity. ...

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Trump says he supports the House Republican tax plan for three brackets 12%, 25% and 33%. In his earlier proposal Trump has supported a top rate of 25%. He made these comments, including support for deducting childcare costs, in a speech at the Economic Club of Detroit. Trump did not repeat a call for repealing Dodd-Frank bank supervision legislation. Clinton was critical of Trump's economic team of business people from hedge funds and the real estate industry, saying this was another example of "trickle down economics,"  for giving  "super big tax breaks to large corporations." Michigan has not voted Republican since 1988, and the auto industry rescue was organized by president Obama, a point heavily advertised in the 2012 presidential campaign. Romney had opposed the rescue effort, and during the 2012 campaign the WSJ reports say  Trump called the bailout of automakers a mistake because of expansion overseas.

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The FDIC chairman, Mr. Gruenberg has defined the agency's strategy under the "orderly liquidation authority" given by the Dodd-Frank legislation to deal with financial firm failures. The Lehman Brothers collapse ruffled fianncial markets worldwide because of the lack of such authority and a organzed well defined plan to deal with bank failures. Gruenberg described the plans to the WSJ. Once the Treasury Department and federal agencies agree that a financial institution has to be taken over, the FDIC would first unwind the parent holding compay of the firm by putting it in receivership and revoking its charter. Unlike the situation for Lehman, the firm's subsidiaries can continue to operate, with financial support from the FDIC held parent company provided by the U.S. government under Dodd-Frank legislation. The next step would be for FDIC to create a "bridge company," with most of the firm's assets going into it. At that point equity holders would be wiped out and a debt for equity swap would be made with creditors. The firm would come out of this process as with a Chapter 11 bankrupcy, as a new recapitalized private firm. The FDIC is trying to build credibility in the markets that it has the ability to do this smoothly, and Gruenberg admits that till it happens its hard to convince markets in a decisive way. Another problem is that 85% of the international assets and derivatives of top U.S. banks are in the UK. Former Fed chairman Volcker is guiding the FDIC, and he sees the FDIC's efforts to work closely with the UK very favorably. These efforts are significant and vital to avoid the worldwide disruption in financial markets that ocurred after the Lehman collapse, and provide a well planned action plan in place of an ad hoc day by day response....

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The largest U.S. bank holding companies, including Bank of America, J.P. Morgan Chase and Citigroup, and two foreign banks Deutsche Bank and Barclays PLC must submit initial plans for "living wills" by July 1, 2012. The Dodd-Frank legislation requires financial firms to develop plans that lay out how they could be liquidated if they went under in a crisis. This legislation gives the FDIC and other regulators the power to seize and dismantle a failing financial firm, to help mitigate the problems of "too-big-to-fail" firms. The FDIC and U.S. regulators lacked such powers at the time of the collapse of Lehman Brothers in 2008. The FDIC and the U.S. Fed co-wrote the living will rule for "comprehensive and coordinated resolution planning." In all, 124 banks, including 100 foreign banks with U.S. affiliates, which have over $50 billion in assets worldwide, must submit plans and update on a regular basis. Smaller banks will have the deadline extended to December 2013.

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Volcker says that even with all the fuss about the length of the Volcker Rule, its important to remember that the regulation itself is only 35 pages. And he says that lawyers for the banks are not honest when it comes to this, because they spent a lot of time finding holes in the rule and were working to add complications to it, and now they are turning around and saying that the Volcker Rule is too complicated. Asked about Dodd-Frank, Volcker says that it does make the U.S safer in a financial crisis because of the crisis resolution process set up under Dodd-Frank legislation. A bank fails and the resolution is clearly laid out- the government takes over and liquidates it, or merges it or sells it. Stockholders don't get a bail out, management is fired, and creditors have to take losses. A lot still depends on having vigorous and alert regulators. He sees two large problems, the Euro crisis and the U.S. deficit, which need strong action. Volcker remains perplexed by why the situation of huge disparities in income growth has not been expressed to a greater extent- on one side the lack of growth in income for the average family in 10-15 years and the other side having the huge increase in incomes at the top end. He does not know of any years when this was as big as it is now- except 1928, 1929....

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Within minutes of the SNB's decision to lift the cap on the euro the Swiss Franc surged 30% against the euro and 18% against the dollar. FXCM, retail currency broker, suffered severe losses and the company needed a $300 million investment from Leucadia National Corp. to survive. Citigroup and Deutsche Bank AG each had losses of $150 million. Hedge Funds Discovery and Comac also suffered losses. FXCM losses stem from use by FXCM clients of borrowed money, along with higher leverage the company also has lower margin requirements. Interestingly FXCM fought CFTC efforts under Dodd-Frank legislation to limit leverage to 10 to 1- saying "it would have a devastating impact and drive it overseas." The limit finally set at 50 to 1, meant that an investor could borrow $50 for every dollar he put in of his own. The leverage meant large losses for inexperienced investors and threatened the survival of FXCM in a matter of minutes.

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U.S. Federal Reserve governor Daniel Tarullo tells the Council on Foreign Relations that so much remains to be done four years after the financial crisis. The law firm of Davis Polk says 67 percent of deadlines were missed for new rules required to be set in place by the Dodd-Frank legislation, including the Volcker Rule. Tarullo said: "It is sobering to recognize that more than four years after the failure of Bear Stearns began the acute phase of the financial crisis, so much remains to be done." Tarullo fears that crucial momentum may be lost because of the long delays stemming from resistance by the banks. Tarullo met with bank CEO's in April 2012. Banks have protested that Fed stress tests have not revealed the parameters for the testing. Tarullo's response given at a recent Fed conference in Chicago were that this would let banks game the exercize by running the Federal Reserve model and not improving risk management and capital planning, making this a mechanical compliance exercize. Banks have particularly opposed a requirement that limits the risk in business between two banks to 10% of their credit risk....

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Regulators at the CFTC passed a new rule 5-0 under the Dodd-Frank legislation that tightens regulatory oversight over the derivatives market. Regulators have now only to show that a trader or firm acted recklessly. CFTC does not have to prove that the trader intended to manipulate the market or show that a trader acted to have an effect on price as the rule required previously.

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Former Fed Governor Kevin Warsh's views on the need for greater transparency and disclosure from the large U.S. banks and the risks to the financial system from "too-big-to-fail" banks in 2012-2013. He says the U.S. should not be dependent on the Basel standards for capital requirements and use its own system of stricter requirements similiar to the UK and Switzerland. His views are that the Dodd-Frank law puts too much dependence on regulators doing the right thing, information transparency is lacking for markets to impose discipline, and delegates too much to Basel standards which are not rigorous enough for protecting the U.S. economy.

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Amar Bhide says it is time for banks to go back to their basic functions of taking deposits and making traditional loans, and to restrict risk taking activites, so that the U.S. can return to stable sustainable growth without recurring financial crises. He suggests a simple rule- activities that the average examiner cannot understand should not be allowed, which would restrict many of the activities of banks that lack transparency and pose systemic risks. He says the Dodd-Frank reforms have not tackled the dangers of risk-taking by banks and new leadership is required.

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The U.S. Dodd-Frank legislation has a provision requiring U.S.- listed oil, gas and mining companies to disclose payments to governments for access to mining and oil resources. The S.E.C. will decide how to implement this rule which goes into effect in 2012. This has a severe effect on the economies of developing countries as it siphons away significant part of revenues for the resources into the hands of government officials. From Nigeria to Equatorial Guinea in Africa, and in other parts of the world in Latin America and Asia, this is a serious problem and results in underdevelopment and retarded societies.

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The SEC requirement that companies disclose the ratio between median worker pay and the pay of senior executives. The SEC says it is putting out the rule as part of implementing Dodd-Frank legislation to control excessive executive pay. Companies will be allowed to survey a fraction of their workforce as appropriate for companies with global operations. Executive pay will include pension benefits and stock options under the new rule. A WSJ chart using information from the University of Southern California and the Bureau of Labor Statistics, shows the ratio between what CEO's on average make and rank and file workers make remained at about 30 times in the post war period till about 1970, a period of rapid growth in the U.S. economy. By 1980 this climbed to about 60 times and exceeded 100 times by 1990. The period of stratospheric growth for CEO pay and extreme widening of the gap then occurs between 1990 and 2000. By 2000 the dot com boom- telecom boom and the internet- creates a surge in executive pay reaching over 500 times. This drops to about 280 times in 2008 and picks up again to reach about 320 times in 2011. Many of the poor business practices, the excessive leveraging and risktaking in the financial industry, take place against this background of excessive pay for senior executives. Some of that risk was passed on to others through such methods as securitization in the period leading to the 2008 financial crisis, so that executives were compensated with higher pay for taking excessive risk that they personally or their companies did not assume. Dodd-Frank legislation following the 2008 financial crisis sought to correct this imbalance by having pay information disclosed. The excessive pay has also coincided with an increase in the frequency of boom-bust cycles in the economy. The busts prompted the needs for intervention by the U.S. central bank, the Federal Reserve, to drop interest rates more than would otherwise have happened during this decade, culminating in the huge bond purchases and monetary easing by the Bernanke Fed. The SEC under Mary Jo White is mindful of these distortions in the economy as a result of misallocation of resources based on excessive executive pay, and the need to take action before the next crisis. ...

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The U.S. FDIC voted on March 29, 2011, to propose new rules that will require banks to hold at least 5% of the credit risk on securities backed by mortgages. During the mortgage crisis banks were able to sell packages of risky mortgages to investors without having some stake in the loans, leading to speculative behaviours. This proposal was mandated by the Dodd-Frank Act and was voted unanimously at the FDIC. Because the proposal does not apply to securities carrying a government guarantee, which is 90% of the market today, this will not have an immediate impact. Some mortgages are excluded- under one proposal mortgages where a borrower puts a 20% down payment would be excluded, and borrowers would have to meet an income threshold, and be current on all loans. The proposal is a joint effort of the FDIC, and the Securities and Exchange Commission. The idea is to have securitization to occur in an environment where the issuers of securities backed by mortgages have some skin in the game. Securities experts commented favorably on the rule and the proposals. The presence of such a rule would clearly have changed the behaviour of mortgage securities issuers in the U.S. 2008 subprime financial crisis....

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Amar Bhide says its time the government demanded that bankers take time to know their borrowers rather than punch in a few numbers into some models on the computer. Especially because the government is now virtually the guarantor of all the obligations of the banking system, including housing loans, and this much is owed to taxpayers. He says the 2300 page Dodd-Frank bill for financial reform sets forth a whole range of new rules, requiring a lot from regulators to write and implement the details, but does nothing to put back the old-fashioned borrower-by-borrower banking prudence that is essential for US economy.

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This Wall Street Journal editorial comes out in favor of higher capital reserve requirements similiar to that suggested by Federal Reserve Board governor Daniel Tarullo. The Journal says that if regulators are serious in the U.S. about controlling systemic risk, then the 14% rule or a 15% rule for assets held in reserve by banks should be adopted. Daniel Tarullo had suggested a 14% capital reserve requirement. These requirements would be phased in gradually over several years. Basel III requirements require only a 7% requirement and is phased in over many years. Capital standards are likely to be gamed. For this reason the requirement for only Tier 1 capital to be eligible is essential. What about the Basel III standards and the European banks? Would this put them in a better position to earn higher returns. This should be a problem left for European taxpayers to tackle says the Journal. As long as U.S. taxpayers are supporting U.S. banks with an implicit subsidy to take on larger amounts of risk -because they will be saved in a crisis with taxpayer dollars- the Journal says it makes sense to require 10-14% in capital reserves. It cites the Japanese banks which were highly overleveraged with lower capital reserves compared to American banks, and fared poorly. The Dodd-Frank bill imposes a complicated set of regulatory requirements with regulators required to write new sets of rules. The editorial concludes that it is far better to tackle the problems in the banking system with a sufficiently high requirement for capital reserves to manage risks than to have the detailed rule making on every subject that Dodd-Frank suggests....

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The former Attorney General of Ohio, Richard Cordray, was nominated to head the U.S. Consumer Financial Protection Bureau. Cordray is the current head of enforcement at the new agency. The CFPB is part of the overhaul in regulation of the financial industry mandated by the Dodd-Frank legislation. This agency has the authority to write new consumer protection rules, see that federal consumer financial protection laws are enforced, dispatch examiners to review bank accounting and records and look into consumer complaints. The new Bureau's rules can only be overturned by a super majority in the Financial Stability oversight Council, which is headed by the Treasury department, or by appeal to the courts.

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The Dodd-Frank financial overhaul bill passed in July 2010 has a requirement that issuers of mortgage securities hold onto 5% of the risk of mortgages packaged into securities. Regulators were required to to write the rules for certain exempted loans called "qualified residential mortgages" for which the rules do not apply. Kenneth Rosen of the University of California, Berkeley, says the requirement aims at avoiding the catastrophic risk-taking epidemic that caused the financial crisis of 2008. Federal regulators have till December 2010 to write the new rules. But financial trade groups and firms are already pressing their views on what they would like to see exempted from this crucial 5% requirement.

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Rep. Frank is saying he will move slowly on the bill that gives government the powers to put bankholding comapnies, insurance companies, and other large financial comapnies, into receivership. Now he wnats to put in the same bill the creation of a body that would act as systemic risk regulator. So instead of next month, this may take several months. Senators Dodd and Shelby on the Senate banking committe are also inclined to move slowly. Its hard to say why, because the government has been doing this on an adhoc basis for Lehman and AIG, and it ends up costing the economy even more, and creates more uncertainty. Congress would also need to provide funds for this.

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Anat Admati, is a professor of finance and economics at Stanford University School of Business. He says banks should depend on generating 30% of their assets from equity, something the banking industry of today in the U.S. and Europe considers heretical. More of the bank's assets should come from equity and much less from borrowed funds. Outside of banking healthy corporations in the U.S. carry debt at about 70% of assets and there is no reason banks should not do the same. In 2013 says Admati, the situation is not much different from that after the 2008 global financial crisis- large banks carry liabilities and debt at over 90% of their assets. The $2.2 trillion in debt at JP Morgan Chase bank is about 91% of assets of $2.4 trillion. Basel III regulations allow banks to borrow upto 95% of assets, and proposed banking regulations in the U.S. put this at 95%, with the way this is measured still being debated. At such high levels of debt the margin of error is small, and systemic risk which is high in a globally interconnected banking system means the whole banking system can freeze from one large bank going into failure such as Lehman Brothers. This happened in 2008 and the margin of error is still small, which is why global banking is such a high wire act with the U.S. Federal Reserve, the ECB and other central banks issuing regular warnings and regulators faced with the task of keeping the banking system in check through vigilance and investigations of banks violating laws. How much difference has Dodd-Frank legislation in the U.S. made after 2008? Jason from Atlanta says in response to Admati's article, that the Glass-Steagall Act of 1933 was 37 pages and the banking system did not freeze up in the way it did in 2008 for the rest of the twentieth century until its repeal. The 879 page Dodd-Frank legislation of 2011 is overly voluminous and still leaves 243 rules to be written by regulators in consultation with the financial industry. Banks are larger now than they were in 2008 and have an outsized influence in shaping the rules, leaving the U.S. Federal Reserve's supervisory committee and Fed Governor Daniel Tarullo with the job of somehow keeping banks out of trouble. JP Morgan Chase, Admati reminds readers, has $2.4 trillion in assets as of June 30, 2013, and debts of $2.2 trillion, with $1.2 trillon in deposits and $ 1 trillion in other debt owed to money market funds, other banks, bondholders and the like. ...

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That former Fed chairman Volcker considered CEO attestation a critical part of the Volcker Rule is reflected in his advice about its implementation- to keep broad and let the responsibility for seeing that the proper activity takes place on bank management. CEO attestation is now part of the final form of the Volcker Rule requiring CEO's to sign off that the financial firm is in compliance. It may lead to a sequence of attestations or sub-certifications from business heads to upper management in actual practice, says Joseph Grundfest at Stanford University. The Financial Stability Oversight Council, created under the Dodd-Frank legislation, proposed this requirement saying that the rule require" public attestation by the CEO that compliance standards are continually being met." The WSJ points out that 5 of the FSOC's members are also top officials at government agencies writing the Volcker Rule. Jacob Lew, Treasury Secretary, leads the council. Lew says about the individual accountability of the top executive- "it puts in place strong compliance requirements that require those in charge of financial institutions to make sure that the 'tone at the top' sends the right signals to the whole firm."...

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The Fed's own files, data from 21,000 Fed transactions over 2007-2010, are revealed in a kind of Wikileaks release. The data is available because of a transparency provision in the Dodd-Frank bill introduced by Vermont Senator Bernie Sanders. This editorial in the Wall Street Journal shows that banks on Wall Street received much more help than advertised. Goldman Sachs is shown to have used the Primary Dealer Credit Facility 212 times for an amount of nearly $600 billion. Morgan Stanley is shown to have used the overnight Fed lending program 212 times from March 2008 to March 2009. The Wall Street Journal editorial concludes that this makes it impossible for someone to argue that either bank would have survived the financial storm without the Fed's help. The same is true for General Electric. GE tapped the Fed's Commercial Paper Funding Facility 12 times for more than $15 billion And with the help of the FDIC's debt guarantee program GE sold $60 billion of government guaranteed debt. GE and Citicorp are shown to be the heaviest users of that program from November 2008 to Juy 2009. The overwhelming lesson, says this editorial, is to ensure that there is no repeat of this kind of situation. And the new Congress needs to tighten the too-big-to-fail criteria....