This past week President Barack Obama signed into law sweeping changes meant to provide the framework believed required to regulate the financial services industry and prevent the potential for a systemic collapse of the economy, a collapse that we came precariously close to during the Autumn of 2008. In addition to the regulatory authority, several bodies have been created that will oversee the application of the law.
Recalling the causes for the near collapse, during the early 2000’s, after the repeal of the Glass-Steagall Act, a bill signed into law during the Great Depression and meant to provide regulation and oversight to the financial industry, banks and other financial organizations began to securitize mortgages in an effort to collect fees, maximize profits and make home loans available to more Americans. Unfortunately, this process of securitization led to lax underwriting procedures for mortgages by regulated entities such as FannieMae, and FreddiMac and banks as well as unregulated entities including Bear Stearns, Lehman Brothers and AIG. A bubble and subsequent collapse occurred in the housing market. The rest is history.
Enter financial reform.
For consumers, the federal government has established the Consumer Financial Protection Bureau within the Federal Reserve that will oversee banks and credit unions with more than $10 billion in assets as well as all mortgage related businesses. Furthermore, the law also permanently lifts Federal Deposit Insurance (FDIC) to $250,000 and establishes minimum underwriting standards for mortgages. Regarding mortgages, the law now requires verification of income, job status and credit history.
The law also attempts to address the issue of “too big to fail,” one which led the U.S. Treasury to bail-out AIG and Citigroup, but let Bear Stearns and Lehman Brothers go by providing authority to the Treasury, FDIC and the Federal Reserve to seize, regulate and perhaps even liquidate struggling companies, regardless of whether or not they can be defined as a bank in the strictest terms or not, if their collapse would pose a systemic risk to the U.S. Economy. In order to provide adequate oversight, the government would assess charges on firms with more than $50 billion in assets.
The assumption of excess risk, a contributor to the meltdown, is also intended to be regulated by the law through a limit on proprietary trading by financial firms. In addition, the law also raises capital requirements.
The securitization of mortgages noted above as well as the usage of derivatives, intended to maximize profits from the potential increase in market value of the underlying real estate also contributed to the deep recession when real estate prices tumbled. Furthermore, given the fact that much of this risk was taken by unregulated firms, the Government was slow to respond. The Financial Reform Bill, officially known as the Wall Street and Consumer Protection Act, begins to regulate the over-the-counter derivatives market by requiring transactions to be completed over an exchange, thereby increasing transparency.
Finally, the law also establishes a Financial Services Oversight Council, chaired by the Secretary of the U.S. Treasury, and charged with identifying potential issues or companies that pose systemic risk to the global economy.
THE BOTTOM LINE – No legislation is ever perfect. However, we believe that this is certainly a step in the right direction as it will hopefully provide early warning signs, thereby preventing a similar near-death economic collapse like the one we experienced during the latter stages of 2008 and early 2009 and from which we continue to recover.
DEATH CROSS
Monday, July 26th, 2010Yeah- Wall Street keeps coming at ya one more time. In their never ending supply of useless advice, the latest is the death cross. If you aren’t moving a million dollars worth of stock daily or trading options (and quite frankly don’t most Americans have jobs??) then most of the stuff (analysis but basically glorified stuff) from big financial houses is useless.
Two weeks ago, the steady drone from technical analysts was that the markets were locked in a death spiral thanks to the “death cross”. The death cross being the S&P 500 moving average crossing below the 200 day moving average. Smaller investors were advised nothing could prevent lower stock prices.
Fast forward to today where the same technical analysts now see bullish action with the 50 day crossing back OVER the 200 day moving average. This (according to the intelligensia that is Wall Street) is a very bullish indicator and is known as the golden cross. It seems that the golden cross usurps the death cross and will lead to higher prices.
Doesn’t this seem like some high stakes bizarre card game where playing the bullish “golden cross” trumps the “death cross”. Magic card players would love to own the “golden cross” card for sure.
The point here has nothing to do with technical analysis or crosses in any way shape or form. The point is that investors dramatically need to ignore the noise that is Wall Street analysis and focus on their own situations and investment objectives.
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