Global Regulatory Briefing
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Will the Sec Survive Financial Regulatory Reform?
WILL THE SEC SURVIVE FINANCIAL REGULATORY REFORM? Renee M. Jones* A BSTRACT The Securities and Exchange Commission’s (“SEC”) conspicuous failures during the financial crisis of 2008 have led many to question the agency’s relevance in the modern financial era. Some commentators have called for the creation of new super-agencies to assume a substantial portion of the SEC’s duties. Others highlight enforcement failures and question the agency’s commitment to its investor protection mission. Despite its recent missteps and persistent calls for regulatory overhaul, the SEC’s future seems secure for now as President Obama’s reform proposals (the “Obama Plan”) as currently conceived preserve the agency’s independence. Although thus far the Obama Plan protects the SEC’s status as an independent agency, several aspects of the plan threaten the agency’s long- term prospects. The proposal to expand the executive branch’s role in oversight over financial institutions may represent the beginning of an incremental encroachment on SEC authority. Similarly, the proposed Consumer Financial Protection Agency could absorb a portion of the SEC’s traditional investor protection role. In the end, the SEC’s survival depends on whether its leadership takes effective action to restore its credibility and regain the public trust in the years to come. I. INTRODUCTION The Securities and Exchange Commission (“SEC”) is currently under siege. Its once stellar reputation has been tarnished by a series of inauspicious events that unfolded during the financial meltdown of 2008. The agency’s passivity during the collapse of Bear Stearns, its failure to detect Bernard Madoff’s massive fraud, and the failure of the Consolidated Supervised Entity program for financial conglomerates have led many to question the agency’s competence and relevance in the era of modern globalized financial markets.1 * Associate Professor, Boston College Law School. -
The Future of Capital Formation Hearing
THE FUTURE OF CAPITAL FORMATION HEARING BEFORE THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION MAY 10, 2011 Serial No. 112–46 Printed for the use of the Committee on Oversight and Government Reform ( Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 70–517 PDF WASHINGTON : 2011 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 17-JUN-2003 13:55 Oct 28, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\KATIES\DOCS\70517.TXT KATIE PsN: KATIE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman DAN BURTON, Indiana ELIJAH E. CUMMINGS, Maryland, Ranking JOHN L. MICA, Florida Minority Member TODD RUSSELL PLATTS, Pennsylvania EDOLPHUS TOWNS, New York MICHAEL R. TURNER, Ohio CAROLYN B. MALONEY, New York PATRICK T. MCHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah DENNIS J. KUCINICH, Ohio CONNIE MACK, Florida JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee ANN MARIE BUERKLE, New York GERALD E. CONNOLLY, Virginia PAUL A. GOSAR, Arizona MIKE QUIGLEY, Illinois RAU´ L R. LABRADOR, Idaho DANNY K. DAVIS, Illinois PATRICK MEEHAN, Pennsylvania BRUCE L. BRALEY, Iowa SCOTT DESJARLAIS, Tennessee PETER WELCH, Vermont JOE WALSH, Illinois JOHN A. -
Congressional Correspondence 4Th Quarter 2009
8 FEDERAL DEPOSIT INSURANCE CORPORATION, Washington, oc 20429 SHEILA C. BAIR CHAIRMAN October 2, 2009 Honorable Barney Frank Chairman Committee on Financial Services House of Representatives Washington, D.C. 20515 Dear Chairman Frank: Thank you for your letter regarding specific consumer protection actions and initiatives undertaken by the Federal Deposit Insurance Corporation over the past ten years. I appreciate the opportunity to respond. As the nation's federal deposit insurer, maintaining consumer confidence and trust in the nation's banking system is a core function. Consumers have confidence in the banking system when banks treat them fairly, and when they can rely on mechanisms both within the industry and those established by government agencies to protect their interests. The FDIC does not consider a bank safe and sound if the bank does not treat its customers fairly. The Deposit Insurance Fund is there to make sure that consumers do not lose their insured deposits: but equally important to consumer confidence is ensuring that consumer protections are enforced on a routine basis, in good times and bad. It is clear that regulatory gaps in the financial system played a role in exacerbating the current financial crisis. However, the FDIC has continued to take a leadership role in protecting consumers. Whether taking enforcement actions, fostering a dedicated cadre of consumer protection ("compliance'') examiners, developing new consumer protection guidance, or serving as a v_ocal advocate on consumer protection issues, our track record demonstrates that consumer protection at the FDIC has not taken a back seat to any other concerns. Requesting Additional Consumer Protection Authority On a number of occasions - most recently in March of thi~ year- in testimony before the House Committee on Financial Services and in the Senate, we have asked for additional rulemaking authority to increase consumer protection (see Attachment A}. -
SEC Historical Society Highlights
Securities and Exchange Commission Historical Society o Highlights of 2005 Preserving Investing’s Past WWW. SECHISTORICAL. ORG Exploring Investing’s Future T the virtual museum of sec and securities industry history T Highlights of 2005 Report The Highlights of 2005 is the narrative section of the Securities and Exchange Commission Historical Society’s 2005 Annual Report. The 2005 financial statement and list of donors Letter from the President will be published in the 2005 Annual Report later in 2006. Dear Friends: Carla L. Rosati, CFRE, Editor On December 1st, our virtual museum and archive at www.sechistorical.org Donald Norwood Design, Design and Publication opened its first galleries – 431 Days: Joseph P. Kennedy and the Creation of Scavone Photography and the SEC (1934-35); and William O. Douglas and the Growing Power of the Rob Tannenbaum, Photography SEC (1936-39) – a milestone in the mission of the Securities and Exchange (and images from the virtual museum and archive) Commission Historical Society to preserve and share SEC and securities history for generations to come. Securities and Exchange Commission For those of you who helped to build the Society as a non-profit organiza- Historical Society The Securities and Exchange Commission tion from our founding on September 15, 1999, and those of you who wit- Historical Society, a 501(c)(3) non-profit nessed the opening of the virtual museum and archive on June 1, 2002, this organization, independent of and separate was indeed a proud moment. from the U.S. Securities and Exchange When I met with SEC Chairman Christopher Cox in October, he informed Commission, preserves and shares SEC and me that the museum’s collections were used to prepare for his confirmation securities history through its virtual museum hearings. -
Bank Construction and Development Lending and the Financial Crisis
Research in Business and Economics Journal Fantasyland revisited? Bank construction and development lending and the financial crisis Fred Hays University of Missouri-Kansas City Sidne Gail Ward University of Missouri-Kansas City Abstract The current study utilizes multivariate discriminant techniques to analyze the financial performance of commercial banks with total assets less than or equal to $10 billion. These banks are divided into two groups. In each group are approximately 1,500 banks. The first group contains banks with the highest concentrations of commercial construction and land development loans. These loans are among the riskiest assets currently held by commercial banks and are major contributors to the financial difficulties of almost 800 “problem” banks. The other group contains banks with the lowest concentrations of the same type loans. This group represents very conservative lenders. The model utilizes the CAMELS rating framework popularized by banking regulators and researchers. Included in the model are proxy variables for capital adequacy, asset quality, management, earnings, liquidity and sensitivity to market risk. Three periods are investigated: The End of the Boom (2006.4); Market Collapse (2008.4); and the Road to Recovery? (2010.1)—the latest available data. The discriminant model correctly classifies approximately 81-84% of cases in both the original and the validation groups. Keywords: bank performance; CAMELS; commercial real estate lending; construction and land development loans; discriminant analysis; financial crisis Fantasyland revisited? Bank construction, Page 1 Research in Business and Economics Journal INTRODUCTION "Fantasyland is dedicated to the young at heart and to those who believe that when you wish upon a star, your dreams come true." - Walt Disney Bankers may have taken Disney’s Fantasyland description much too seriously. -
Nominations Of: Richard Cordray and Mary Jo White
S. HRG. 113–13 NOMINATIONS OF: RICHARD CORDRAY AND MARY JO WHITE HEARING BEFORE THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ON NOMINATIONS OF: RICHARD CORDRAY, OF OHIO, TO BE DIRECTOR OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION MARY JO WHITE, OF NEW YORK, TO BE A MEMBER OF THE SECURITIES AND EXCHANGE COMMISSION MARCH 12, 2013 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.fdsys.gov/ U.S. GOVERNMENT PRINTING OFFICE 80–698 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 14:29 May 23, 2013 Jkt 048080 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\HEARINGS 2013\03-12 NOMINATIONS OF CORDRAY AND WHITE\HEARING\31213.TX COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS TIM JOHNSON, South Dakota, Chairman JACK REED, Rhode Island MIKE CRAPO, Idaho CHARLES E. SCHUMER, New York RICHARD C. SHELBY, Alabama ROBERT MENENDEZ, New Jersey BOB CORKER, Tennessee SHERROD BROWN, Ohio DAVID VITTER, Louisiana JON TESTER, Montana MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia PATRICK J. TOOMEY, Pennsylvania JEFF MERKLEY, Oregon MARK KIRK, Illinois KAY HAGAN, North Carolina JERRY MORAN, Kansas JOE MANCHIN III, West Virginia TOM COBURN, Oklahoma ELIZABETH WARREN, Massachusetts DEAN HELLER, Nevada HEIDI HEITKAMP, North Dakota -
Chair Mary Jo White, April 10, 2013 to December 31, 2013
Chair Mary Jo White Public Calendar April 10, 2013 to December 31, 2013 Wednesday, April 10 2013 9:00 am Oath of Office 10:00 am Open Commission Meeting 11:30 am Meeting with staff 12:30 pm Meeting with job applicant 1:30 pm Meeting with staff 2:30 pm Meeting with staff 3:30 pm Meeting with staff 4:00 pm Meeting with staff 4:30 pm Meeting with staff Thursday, April 11 2013 9:00 am Meeting with staff 9:30 am Meeting with staff 10:00 am Meeting with staff 11:30 am Meeting with Commissioner Parades 12:30 pm Meeting with Commissioner Gallagher 1:40 pm Meeting with staff 2:00 pm Closed Commission Meeting 3:30 pm Meeting with staff 4:00 pm Meeting with staff Friday, April 12 2013 9:00 am Meeting with staff 10:00 am Meeting with Commissioner Walter and staff 10:30 am Swearing‐in Ceremony 12:00 pm Meeting with Russell Golden, Chair, Financial Accounting Standards Board (FASB) 1:00 pm Meeting with staff Monday, April 15 2013 9:30 am Meeting with staff 10:30 am Meeting with staff 11:00 am Meeting with staff 1 11:15 am Phone call with staff 11:30 am Meeting with staff 12:00 pm Phone call with Jim Doty, Chairman, Public Company Accounting Oversight Board (PCAOB) 12:45 pm Phone call with staff 1:00 pm Meeting with staff 2:00 pm Meeting with staff 3:00 pm Meeting with staff 4:00 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff 5:05 pm Phone call with Gary Gensler, Chairman, Commodity Futures Trading Commission (CFTC) 5:45 pm Phone call with Congressman Scott Garrett Tuesday, April 16 2013 9:00 am Meeting with staff 10:00 -
CFTC-SEC Advisory Committee on Emerging Regulatory Issues
SUSA.H M COlUNS._ -~~ o....... EL IL A,I(.lKA. ....w ... ~~~ ntCIIolAS ~. CNIPEJI. DRAWAIO( $COn ~ lIAOWN..~rn ........ L I'RYOft AIIKANSAS JOH" McCAI,., A/IIZOfUIo ............ L v.NDNEl), lOUlSl,O,lU.. _ JOtINSOOi. WI5CONSI>I CI.AlRI! 00ICCASKI..L MISSOUftI JOHN ENSIGN. NEVADA. .ION TESTtI\, MONT.o.N" ~OB I'ORl"MAN, OHIO 1anitcd ~t()tc.s ~cnatc ....... ~ BEGICH, folASKA RAND P"UL IU NTlJCKY COMMITTEE ON IoIJCHA.El L AUXANClElt STAff OII!fCTOIl >OCHOVo$ "- ROSSI. MWOIII'I'f' $TA.FI' OII£ClOII HOMELAND SECURITY AND GOVERNMENTAL AFfAIRS WASHINGTON, DC 20510-6250 April 8, 201 1 VIA EMAIL Mr. David A. Stawick Secretary Commodity Futures Trading Commission Three Lafayette Center 1155 21S I Street, NW Washington, D.C. 2058 1 Ms. Elizabeth M. Murphy Secretary Securities and Exchange Commission 100 F Street, NE Washington D.C. 20549-1090 RE: Request for Comments Regarding Findings and Recommendations of the Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues Dear Secretary Stawick and Secretary Murphy: The purpose of this letter is to comment on the findings and recommendations of the Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues, I which were released on February 18, 20 II (the loint Advisory Committee Report).' BACKGROUND: SENATE INVESTIGATIONS AND HEARINGS Over the past 18 months, two Senate subcommittees have held three hearings on issues related to the emerging regulatory issues in the trading markets. On October 28, 2009, the 1 On May II , 20 I 0, just five days after a dramatic decline in the U.S. financial markets, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) created the Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues (Joint Advisory Committee), which was tasked with. -
Chair Mary Jo White Public Calendar September 1, 2015 to December 31, 2015
Chair Mary Jo White Public Calendar September 1, 2015 to December 31, 2015 Tuesday, September 1, 2015 9:55 am Phone call with Gerald Hassell, Chairman and Chief Executive Officer, The Bank of New York Mellon Corporation 3:30 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff Wednesday, September 2, 2015 Out of office Thursday, September 3, 2015 2:00 pm Closed Commission Meeting 4:00 pm Meeting with staff Friday, September 4, 2015 9:00 am Meeting with staff Monday, September 7, 2015 Labor Day – Federal Holiday Tuesday, September 8, 2015 10:30 am Meeting with staff 11:30 am Meeting with staff 12:00 pm Meeting with staff 2:00 pm Meeting with staff 2:30 pm Meeting with staff 3:00 pm Meeting with Commissioner 4:00 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff Wednesday, September 9, 2015 9:00 am Public Company Accounting Oversight Board Investor Advisory Group Meeting 12:00 pm Meeting with staff 12:30 pm Meeting with staff 1:00 pm Meeting with staff 2:00 pm Meeting with staff 3:00 pm Meeting with Commissioner 4:30 pm Meeting with staff 5:00 pm Meeting with staff Thursday, September 10, 2015 9:30 am Meeting with staff 10:00 am Meeting with Investor Advisory Committee Officers: Jay Brown, Secretary; Roy Katzovicz, Investor as Owner Subcommittee Chair; Steven Wallman, Market Structure Subcommittee Chair; Anne Sheehan, Vice Chairman; and Barbara Roper, Investor as Purchaser Subcommittee Chair 11:20 am Meeting with staff 12:15 pm Meeting with staff 2:00 pm Closed Commission Meeting 3:00 pm -
Pdf Washington : 2007
RECENT EVENTS IN THE CREDIT AND MORTGAGE MARKETS AND POSSIBLE IMPLICATIONS FOR U.S. CONSUMERS AND THE GLOBAL ECONOMY HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION SEPTEMBER 5, 2007 Printed for the use of the Committee on Financial Services Serial No. 110–58 ( U.S. GOVERNMENT PRINTING OFFICE 39–537 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 16:53 Dec 17, 2007 Jkt 039537 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 K:\DOCS\39537.TXT HFIN PsN: TERRIE HOUSE COMMITTEE ON FINANCIAL SERVICES BARNEY FRANK, Massachusetts, Chairman PAUL E. KANJORSKI, Pennsylvania SPENCER BACHUS, Alabama MAXINE WATERS, California RICHARD H. BAKER, Louisiana CAROLYN B. MALONEY, New York DEBORAH PRYCE, Ohio LUIS V. GUTIERREZ, Illinois MICHAEL N. CASTLE, Delaware NYDIA M. VELA´ ZQUEZ, New York PETER T. KING, New York MELVIN L. WATT, North Carolina EDWARD R. ROYCE, California GARY L. ACKERMAN, New York FRANK D. LUCAS, Oklahoma JULIA CARSON, Indiana RON PAUL, Texas BRAD SHERMAN, California PAUL E. GILLMOR, Ohio GREGORY W. MEEKS, New York STEVEN C. LATOURETTE, Ohio DENNIS MOORE, Kansas DONALD A. MANZULLO, Illinois MICHAEL E. CAPUANO, Massachusetts WALTER B. JONES, JR., North Carolina RUBE´ N HINOJOSA, Texas JUDY BIGGERT, Illinois WM. LACY CLAY, Missouri CHRISTOPHER SHAYS, Connecticut CAROLYN MCCARTHY, New York GARY G. MILLER, California JOE BACA, California SHELLEY MOORE CAPITO, West Virginia STEPHEN F. -
Global Economic Recovery: How the Poor Can Help Save Capitalism
Global Economic REcovERy: How tHE PooR can HElP SavE caPitaliSm HoPE Global Financial Dignity Summit Dignity november 13 - 14, 2013 atlanta, Georgia OPERAT ION GLOBAL FINANCIAL DIGNITY SUMMIT Table of Contents Summit Host Committee ...........................................................................................................2 Welcome Letter .........................................................................................................................3 Summit Co-Chairs ......................................................................................................................4 Honorary Co-Chairs ...................................................................................................................5 HOPE Global Financial Dignity Summit Agenda .....................................................................6-11 White House Special Field Meeting .....................................................................................12-13 Summit Co-Convening Partners ...............................................................................................14 Master of Ceremonies .............................................................................................................15 Keynote Speakers ...............................................................................................................16-17 HOPE Commitments ................................................................................................................18 CEO General Plenary Session Free Enterprise, -
Dole Announces Sheila Bair of Independence, Kansas, to Be Cftc Commissioner
This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu NEWS U.S. SENATOR FOR KANSAS FROM: SENATE REPUBLICAN LEADER FOR IMMEDIATE RELEASE CONTACT: WALT RIKER APRIL 23, 1991 ( 202) 224-5358 DOLE ANNOUNCES SHEILA BAIR OF INDEPENDENCE, KANSAS, TO BE CFTC COMMISSIONER Senator Bob Dole (R-KS) today hailed President Bush's announcement of Sheila Bair of Independence, Kansas, to be one of five Commissioners of the Commodities Futures Trading Commission. "Sheila knows rural America and its special needs, which is why she will be a solid addition to the Commission. She's a bright and talented Kansan who has a . strong legal background and an excellent of work on Capitol Hill. It's good to know Kansas will have a strong voice on this panel that is so important to our state's agricultural business." Raised in Independence, Kansas, Bair is a graduate of the University of Kansas and received her J.D. from the University of Kansas Law School in 1978. She served as legal and policy advisor to Senator Dole from 1981-1986. She was also a candidate for the GOP nomination in the 1990 5th District Congressional primary in Kansas. Currently, she is a Legislative Affairs Counsel to the New York Stock Exchange. The Commodities Futures Trading Commission was established by the Commodities Futures Trading Act of 1974. The Commission consists of 5 Commissioners, who serve staggered 5-year terms, who are appointed by the President with the advice and consent of the Senate. It regulates trading on the 11 U.S.