A G30 committee recently released a report highlighting the need for financial regulation reform. I tend to agree with a number of the points although in line with expectations for a high level report its recommendation lack a degree of concreteness that one might wish for. They want to make decisions about who is on the inside of financial regulation explicitly rather than a product of status quo. This comes along with the recommendation that the regulatory should be centralized. They suggest that their should be a robust framework for financial firms failure and the some systemically significant a firm is the tighter the regulatory should be. They even had a reasonable framework for how to define systemically significant: F(ss) = (Size, Leverage, Interconnectednessss, Significance of services). Other recommendations included greater transparency (ala a 10-k for structured financial products). This quick overview I tend to agree with. Two recommendation which although I don’t disagree I think missed the target a little bit are (1) update FVA (fair value accounting) account to prevent illiquid assets from causing a problem and (2) realign the incentives of the CRA (credit rating agencies). FVA is a language and it provides information, hiding information about the value of the business strikes me as incorrect. Having capital and funding bases which are match (so they can’t run) seems to be correct. Although being able to write down you liabilities is foolish (you still have to pay back on par); that rule should be changed. CRA’s quasi regulatory role should be eliminated and policy should discourage the correlation of analysis not encourage it.
If I’m going to criticize I figure I should share my own thoughts on regulation which I wrote a few months back.
Meta Regulation: Make the Rules Work
We have never relied on the benevolence of Smith’s butcher, brewer or baker but rather their self interest for our dinner. This is well understood and acknowledged, what is less noticed is the condition, ‘In civilized society.’ It is the rules of the game that ensure that self love benefits the society, without which my money would be on the butcher.
Some parts of the financial system have operated in what, we now see, is an uncivilized environment. How did we get here when we have thousands of pages of financial regulation and numerous regulatory agencies? We had defined the goal. The Federal Reserve is tasks with maintaining ‘the stability of the financial system and containing systemic risk that may arise in financial markets’ the FDIC with ‘the stability and public confidence in the nation’s financial system,’ the highest level goal being to encourage robust and strong economic growth.
Nietzsche wrote ‘the most common form of human stupidity is forgetting what one is trying to do.’ The most common ways in which he is affirmed is by actors narrowing their focus on a specific detail while forgetting to connect it to the goal and questioning if it does not. The FDIC, Fed, and other agencies were lost in the details, confused by territorial and authority concerns, and in the process, amidst the great moderation, forgot what they were trying to do. Out of which grew the shadow banking system which operated outside of civil society. One major area that existed in the shadows was securitization. The simple way it worked was that a firm would issue loans, bundle them and then sell them, all of their profits came from the issue not the quality of the product. Without civil society ensuring honesty within this process it ended in significant amounts of fraud; not only of the type where borrowers falsified income but also when the securities were resold.
Thus we find ourselves on a path to recreate the financial regulatory framework. When we construct a new regulatory framework we must not forget what we are trying to do. So far we must hope that the proposals coming out of Washington, such as capping executive pay, are more rhetoric than the principals as they do not accomplish the goal. We need to construct rules which give us the result we wish (reminder: a financial system that ensures robust and strong economic growth). The goal is not to punish the butcher however just that may be. We need to focus on creating a rule set that establishes civil society, that get the butcher, brewer and baker self interest in line with the goal. For example why is democracy the best of a series of bad set of rules to organize governments? It is not that it produces the best policies, it is very unlikely to do, that but that it institutionalizes revolution such that liberty can be preserved without spilling the blood of patriots and tyrants to the disappoint to Jefferson but to profit of all those whose blood was not spilt. If institutionalizing revolution is the key to democracy’s success what is the key to a solid financial infrastructure? Aligning fundamental economic motivations with profit motivation and creating an acceptable framework for failure that covers the entire financial system while charging the insured entities.
To provide some details on how to accomplish this. First eliminate the confusion about whose responsibility financial regulation is. The past few decades have dramatically reduced, if not eliminated, the real differences between all financial entities. Insurance companies, banks, private equity, hedge funds, and other financial entities are all in the same business but with different strategies. They need to be subjected to the same conceptual framework for regulation. Second empower the regulator to fill in loopholes by focusing the guidelines on conceptual goals not rules. Importantly ensure a complete failure framework; non financial firms have Ch11, FDIC regulated banks have FDIC receivership, but there are still financial firms that do not have a framework for failure (or at least not an acceptable framework, as seen by the result of Lehman’s Ch11). Lastly encourage robust pools of capital. We want to create rules that make the best move a fundamental economic one not a slight of hand trick. Encourage and reward well designed risk management not financial shuffling or accounting trick meant to hide excess leverage. This is not simple but for example the fact that the unregulated banking was experiencing a funding run and it had no lender of last resort or deposit insurance, create a one sided trade. Trader could pull their account from an institution and at the same time short the stock (and stopping shorting is not the answer, anyway it is far too easy to get around). These actions were not necessarily fundamentally economic but were profit motivated and firms have a fiduciary responsibility to their client to act in the way they did. If we can align traders and fundamentals, one piece of which is to create a robust process for failure, we will move closer towards the financial civil society where the hedge fund, private equity, and investment banking billionaires’ will be working for me in much the same way as the butcher, brewer, and baker.