Week InReview | FSB backtracks on plan to label fund managers 'systemically important' | Lending moving to the shadows, and banking regulators don't seem opposed to it | Virtually all mandatory Dodd-Frank Act rules addressed, SEC says | London revamps court structure to enhance role as hub for big-ticket legal disputes| Binge reading disorder
Friday, July 17, 2015
FSB backtracks on SIFI label
Certain fund managers not 'systemically important'

(Jul 14) The Financial Stability Board has decided not to categorize certain fund managers as "systemically important" and will instead focus on market activities to identify possible risks. The FSB may still impose new rules on fund managers to protect the market. Fund managers may be asked to hold liquidity buffers and provide ways to better prepare for investor withdrawal during times of market volatility. The FSB, headed by Bank of England Governor Mark Carney, and the International Organization of Securities Commissions are studying the impact on financial stability of asset-management activities globally. "We will address issues around activities first, and then take an assessment if there's any residual risk that merits any action because an asset-management activity is part of a bigger asset-management group," Carney said.

Lending "moving to the shadows"
And banking regulators don't seem opposed to it

(Jul 14) So-called shadow lenders -- asset managers that operate outside the banking industry's regulatory oversight -- have been making an increasing number of leveraged loans to midsize businesses. Their expanding role in the U.S. economy, hailed by some regulators, has been made possible by tighter lending restrictions imposed on banks. "It stands to reason that more activities may migrate outside the perimeter of regulated institutions," Daniel Tarullo, the Fed governor in charge of bank oversight, said on June 25, adding that "much of the activity" will be "very healthy." Mayra Rodriguez Valladares, managing principal at MRV Associates in New York, a consultant to both regulators and banks, said she's concerned that lending has been "moving to the shadows" in the U.S., Europe and China, and that regulators lack authority or have largely ignored the growing threat that might pose. "Regulators need to write rules to regulate the shadows," she said. "The focus has been too much on banks. Bear Stearns and AIG were not banks."

SEC almost finished with Dodd-Frank
Virtually all mandatory rules addressed
(Jul 16) The SEC issued an analysis on its website showing progress on rules required by 2010 financial-regulation law.
  • Agency has adopted 61 mandatory regulations while 18 rules not completed, according to analysis
  • Five rules governing trading of security-based swaps still must be finalized
  • "The overarching objective of these rulemakings is to promote the long-term sustainability of the U.S. financial system," SEC Chair Mary Jo White says in statement

London revamping its court structure

Enhancing role as hub for big-ticket legal disputes

(Jul 13) London's lawyers welcomed plans for a new specialist court for trials worth $77 million or more as a vital step to enhance London's reputation as a global center for dispute resolution. High-profile cases in recent years include the Barclays dispute with the trustees of Lehman Brothers. London's courts have a reputation for their expertise, knowledge of the markets, incorruptibility and independence. So much so that in 2013 three-quarters of high court commercial litigants were from overseas. But London's status is under mounting threat from rising arbitration centers such as Singapore, Qatar and Dubai, whose International Financial Center has seen the value of disputes passing through their doors shoot up by a massive 447% in the past six months.
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