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Debating Dodd-Frank: Is 'Too Big to Fail' Gone?

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Areas in the "too big to fail" part of Dodd-Frank U.S. financial reform legislation where work remains to be done to prevent a future crisis include: the creation of living wills by the largest banks so that they can be dismantled in an orderly fashion, and the designation of which banks are systemic risks by the Financial Oversight Stability Council. The FDIC and the Federal Reserve have yet to finalize the rules for creating "living wills" for large banks. The rules are expected to be finalized by fall 2011. The FOSC is working on the designations and what criteria to use for selecting the non-bank firms that pose systemic risks. Progress has been made at the FDIC by finishing several rules for implementing a new system to wind down a large failing bank. The FDIC is hiring staff for a new office that focusses specifically on large complex financial firms. Fed Governor Daniel Tarullo has led the effort for higher capital reserve requirements for U.S. banks, requirements that would be closer to 14% for capital reserves. In an editorial on June 16, 2011, the Wall Street Journal said that if the Federal Reserve is serious about controlling systemic risk then it should support capital reserve requirements of 14%.

Living wills of major banks in the U.S. submitted to the U.S. Federal Reserve and the FDIC under Dodd-Frank legislation

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Regulatory reform proposals and other actions taken in the first 6 months still leave many banking and financial nstitutions that are too big to fail. Consolidations of banks have actually increasd their size. The dangers in additional bailout assistance if banks suffer huge losses.

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Fed chairman Bernanke and Governor Tarullo set up the LISCC in 2010 to provide expert supervision at Fed headquarters that reports to them. Before this supervision was left to the 12 Federal Reserve Banks. Now the Fed can draw on the 42 PhD's and other experts in its ranks to review individual bank's financial position for systemic risk in adverse scenarios and flag these risks. This is critical to effective supervision of large banks.

Grouped Articles

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The Fed Needs Governors Who Aren’t Wall Street Insiders

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