We rarely head into
the political side of things however an issue came to my attention this week. After
the 2008 financial crisis then US president Barack Obama signed the Dodd-Frank
Act into federal law in 2010. The Act was badly needed and was the most far
reaching “Wall Street” reform since the legislative response to the Great
Depression of the 1930s.
The objective of
Dodd-Frank was to reduce exposure to risky financial products and to prevent
the need for hundreds of billions of dollars in bank and insurance bailouts, as
seen in 2008 and 2009.
The real concern is
that on Friday 3rd February, Donald Trump signed an executive order
requiring the US Treasury Secretary to submit possible regulatory changes and
legislation to modify Dodd-Frank within the next four months.
The Dodd-Frank Act
created a new regulatory body - the Consumer Financial Protection Board, which
protects retail customers across the financial sector, including banks, payday
lenders, credit unions and mortgage services. This helps stabilise the
financial markets.
The Big Banks that
were deemed "too big to fail" are subject to more capital
requirements, which have forced banks to fund themselves more by raising money
from shareholders rather than by borrowing.
There are more
stringent rules limiting banks taking on riskier assets, which the industry
itself has identified as being costly. As part of the act there are restrictions
on US banks from making certain kinds of speculative investments, including
investing in hedge and private equity funds, using their own money or customer
deposits — so called proprietary trading.
However, Republican
lawmakers have argued that Dodd-Frank is burdensome for financial institutions.
Arguably the current US model remains less stringent then the Australian Model
as it currently stands. Our banks of course did not fail during the GFC. Our
system held up and our government did not have to bail out any banks. Reducing
the regulation seems to be allowing the big banks to return to the bad old
days.
It is likely that,
if the Dodd-Frank act is made impotent, shares in Australian banks may well
rally.
Investors need to
be weary of these scenarios. During the GFC Australian banks remained strong
because of our stringent regulations compared to the US. At Sothertons, we
welcomed the improved financial legislative climate that rid the market of many
cowboys in the industry. Call us at Sothertons for your Financial Planning
needs on 4972 1300.