Managing to the New Regulatory Reality Doing Business Under the Dodd-Frank Act

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Edition: 1st
Format: Hardcover
Pub. Date: 2011-02-11
Publisher(s): Wiley
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Summary

In Managing to the New Regulatory Reality, author Gregory Wilson provides important lessons for private sector management, specifically financial services firms, as well as lessons for policymakers, regulators, and our political economy that will shed light on how we go from bubble to crisis, regulatory reform, and economic readjustment. Broken down into four parts, this book briefly reviews the causes of the 2008 financial crisis (market, regulatory, and international failures) and assesses their impact on multiple stakeholders; describes and analyzes the impact of the immediate policy and regulatory reactions on financial institutions that the crisis response triggered (in 2008, primarily U.S., but also G20); explains the legislative policy and process response, and then describes the resulting new regulatory reality for managers of financial institutions (evolving from the Obama Administration proposals through the Congress, but also including new G20 global standards, all of which should be enacted by 1Q2010); and finally concludes with an assessment of the new regulatory reality as well as the new U.S. and G20 regime that will govern financial institutions risk management and competitive behavior for the foreseeable future.

Author Biography

Gregory P. Wilson is the founder of his own consulting firm specializing in financial policy and regulatory issues and is a former part-ner in McKinsey & Company's Washington, D.C., office. Prior to joining McKinsey, during the U.S. savings and loan crisis, he served as the deputy assistant secretary for financial institutions policy at the U.S. Treasury Department, where he received the Secretary's Distinguished Service Award. For more information, visit www.gregwilsonconsulting.com.

Table of Contents

Forewordp. xiii
List of Acronymsp. xv
Prefacep. xvii
Understanding the Immediate Political Reactionsp. 1
Immediate U.S. Reaction: The Emergency Economic Stabilization Act of 2008p. 3
All Roads Ultimately Lead to Congressp. 3
How a Crisis Bill Becomes an Emergency Lawp. 6
EESA's Major Provisionsp. 13
Conclusionp. 15
Rise of the G20-A Global Call to Actionp. 17
A New International Financial Orderp. 17
Toward a Balanced Approachp. 20
Conclusionsp. 22
The Beginnings of the New Regulatory Realityp. 25
Democracy Can Act Swiftly in a Crisisp. 26
Problems at a Small Minority of Firms Create Lasting Industry Problemsp. 26
Populist Anger Drives Unintended Consequencesp. 28
When Governments Intervene to Protect Taxpayers, Strings Are Attachedp. 30
Crises Have Long Political and Regulatory Tailsp. 30
Safety Valves Don't Always Work as Expectedp. 31
International Crises Command Global Responsesp. 33
Conclusionsp. 34
Understanding U.S. and G20 Regulatory Reformsp. 37
The U.S. Legislative Processp. 41
Administration Proposalp. 42
House Considerationp. 42
Senate Considerationp. 50
Conference Considerationp. 58
Conclusionsp. 66
The Dodd-Frank Act of 2010p. 69
New Regulatory Architecturep. 70
New Regulatory Standardsp. 88
New Operating Restrictionsp. 96
Higher Regulatory Costsp. 105
Conclusionsp. 107
Beyond the United States-Current G20 Effortsp. 111
G20 Agenda Going Forwardp. 112
IMF Review of U.S. Financial Sector Assessment Program, 2010p. 116
The Seoul Action Planp. 117
Conclusionsp. 119
Preparedness: 10 Lessons for Winning in the New Regulatory Realityp. 121
Set the Right Leadership Tone at the Topp. 127
Backgroundp. 127
Corporate Leadershipp. 128
Leadership in Societyp. 133
Leadership on Public Policyp. 136
Implicationsp. 144
Tell a Good Storyp. 147
Backgroundp. 148
What Individual Firms Can Dop. 149
What the Industry Must Dop. 155
Implicationsp. 161
Be Politically Adept, Not Tone Deafp. 163
Backgroundp. 164
New Legislative Mandates for Executive Compensation Limitsp. 164
Consumer Protectionp. 174
Implicationsp. 179
Advocate Constructively for Better Outcomesp. 181
Backgroundp. 182
No Shortage of Future Policy Debatesp. 183
The Importance of Balanced Policy Objectivesp. 185
Re-Engaging Public Policyp. 188
Broader Issues: Getting Back to Competitivenessp. 195
Implicationsp. 197
Manage Strategy and Regulatory Risks Togetherp. 205
Backgroundp. 205
Strategy and Regulatory Risks after the Dodd-Frank Actp. 208
Implicationsp. 212
Maintain Fortress Strength at All Timesp. 213
Backgroundp. 214
New Basel III Requirementsp. 215
New Capital and Liquidity Requirements in the Dodd-Frank Actp. 220
Implicationsp. 227
Live Good Governancep. 231
Backgroundp. 232
The Value of Good Governancep. 233
Recent Regulatory Efforts to Improve Corporate Governancep. 234
IIF Principlesp. 243
Implicationsp. 243
Plan Carefully for Contingenciesp. 247
Backgroundp. 248
U.S. Rapid Resolution Plansp. 252
Implicationsp. 256
Engage Regulators on Warning Signsp. 263
Backgroundp. 264
Making Sense of Crisis Warning Signsp. 265
The New Official U.S. Role in Identifying Financial Crisesp. 274
An Industry Action Plan on Early Crisis Detectionp. 276
Implicationsp. 280
Build Trust-Based Supervisory Relationshipsp. 283
Backgroundp. 284
Building Trust-Based Supervisory Relationshipsp. 285
Improve Supervisory Relationships to Avoid Negative Regulatory Consequencesp. 295
Implicationsp. 300
Conclusion-Be Prepared!p. 303
Implications for Financial Companiesp. 303
Implications for the Financial Services Industryp. 306
Notesp. 311
Additional Resourcesp. 329
Acknowledgmentsp. 331
About the Authorp. 335
Indexp. 337
Table of Contents provided by Ingram. All Rights Reserved.

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