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The author is a professor of finance on the Stanford Graduate College of Enterprise and a senior fellow on the Hoover Establishment
The US banking system is burdened by a convoluted regulatory structure, the place a number of companies — federal and state — oversee monetary establishments with overlapping jurisdictions and, at occasions, competing pursuits.
This fragmented construction, initially meant to reinforce oversight, usually creates inefficiencies, delays and inconsistencies in enforcement. Donald Trump’s incoming administration now has a chance to handle a few of these flaws.
The failures of Silicon Valley Financial institution and First Republic Financial institution, the place regulators shifted blame and acted too late, reveal a system that’s reactive quite than proactive. It’s time to query extra whether or not this multi-regulator framework actually fosters stability or as a substitute stifles innovation, responsiveness, and accountability.
Almost 70 per cent of economic banks within the US, together with SVB and First Republic, function below a twin regulatory system the place state and federal regulators alternate oversight. Some banks are additionally regulated by a number of federal regulators such because the Workplace of the Comptroller of the Forex and the Federal Deposit Insurance coverage Company.
Proponents argue this enhances resilience by providing a number of views and reduces political interference by giving banks some alternative over their major regulator. Nonetheless, this construction additionally has clear prices: inconsistent enforcement, regulatory arbitrage and delays in addressing rising dangers.
The 2008 collapse of Washington Mutual, the largest bank failure in US historical past, is a working example. A congressional investigation discovered that WaMu’s downfall was exacerbated by oversight points between the Workplace of Thrift Supervision and the FDIC. Their incapacity to behave decisively, because of poor co-ordination, allowed vulnerabilities to fester.
Current occasions mirror the persistence of those points. At SVB, as an illustration, early warning indicators — its bond portfolio losses and concentrated depositor base — went unaddressed, with regulators both failing to implement requirements or having their efforts diluted by overlapping authorities. Analysis exhibits that such inconsistencies create alternatives for regulatory arbitrage, the place banks exploit disparities to interact in riskier practices.
These issues lengthen past banks to the rising fintech sector. Non-bank and fintech corporations are driving innovation in funds and lending, but jurisdictional battles amongst regulators, state versus federal and even between federal companies, have stalled the event of sound regulatory frameworks.
Streamlining the regulatory framework is troublesome. Any important consolidation regulation would require congressional approval, a problem that has traditionally derailed broader reforms. As an example, whereas the Workplace of Thrift Supervision was eradicated below the Dodd-Frank reforms after the monetary disaster in response to Washington Mutual’s collapse, further consolidation efforts confronted robust political resistance. Likewise eliminating the entrenched twin Federal and state financial institution regulatory system altogether could also be impractical.
However far more could be finished by the Trump administration to focus on pointless duplication and enhance co-ordination. It ought to search to consolidate oversight obligations between the regulatory our bodies, tackle inefficiencies between federal and state regulators, and implement instruments reminiscent of a efficiency scorecard to evaluate regulators. A transparent instance of regulatory overlap is the twin oversight of nationwide banks by the OCC and the FDIC, each of which conduct separate examinations of the identical establishments.
Importantly, it could additionally align regulatory incentives to make sure companies prioritise monetary stability and sound supervision over bureaucratic pursuits. It is usually time to problem the idea that extra regulation equals extra security. Overregulation imposes heavy prices, compliance bills alone have risen by practically $50bn yearly for monetary establishments since 2008, and disproportionately harms smaller banks. Slightly than including countless layers of oversight, reform should emphasise accountability: banks ought to bear the results of their dangers.
The US banking system stays important to world finance, however its outdated regulatory structure threatens its resilience and public belief. By decreasing complexity, fostering accountability and aligning incentives, we will create a wiser, leaner framework that promotes each stability and innovation, permitting American finance to thrive and prepared the ground ahead.
