US Bank Regulators Confess Mistakes

In the aftermath of a string of high-profile bank collapses in the United States, regulatory agencies are acknowledging the errors they have made. Internal evaluations of how each organization dealt with Signature Bank and Silicon Valley Bank (SVB) have been made public by the New York Department of Financial Services (NYDFS) and the Federal Reserve Board of the United States, respectively. Both banks were shut down in March of this year, with the New York Department of Financial Services taking action against Signature Bank on March 12 and authorities in California closing SVB only two days earlier on March 10. The collapses occurred shortly after the news of the voluntary liquidation of crypto-friendly Silvergate Bank on March 8th, which spurred runs on the impacted institutions and ultimately led to the failures.

The collapse of these banks has sent shockwaves across the business, and as a result, Vice President Joe Biden of the United States sent out a statement to the situation through Twitter. The Federal Reserve study concluded that SVB’s management had failed to adequately manage its risks, and that the bank’s supervisors had “not fully appreciated the extent of the vulnerabilities” of the bank as it increased in size and complexity. Both of these findings were uncovered as a result of the Fed’s investigation. Regulators had not taken enough action to resolve SVB’s fundamental issues despite the fact that these issues were pervasive and well-known.

Similar problems were discovered during the investigation conducted by the NYDFS on Signature Bank. These problems include inadequacies in the bank’s risk management policies and inadequate oversight of third-party suppliers. In addition, the study included criticism directed at the board of directors of the bank for their lack of action to address these concerns.

These failures have caused regulators to reexamine their monitoring processes, and several have called for a more proactive approach to risk management as a result of their findings. Concerns have also been raised about the possibility that the failures are an indication of more widespread systemic problems within the banking sector.

Moving ahead, it is probable that regulatory agencies will continue to monitor the banking sector with an even closer eye in an attempt to reduce the likelihood of failures that are analogous to those that have occurred in the past. This may include more stringent requirements for risk management practices, increased oversight of third-party vendors, and more stringent regulatory enforcement actions taken against banks that fail to meet their obligations. At the end of the day, the expectation is that these precautions will assist in protecting the financial system and preventing new crises from arising.

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US Treasury Suggests Easier Oversight for Nonbank Financial Institutions

The US Treasury and a number of top financial regulators have suggested new rules to make it easier for the Federal Reserve to designate nonbank financial institutions as systemically important. This move would make it easier for the government to supervise and regulate these institutions. During a recent Financial Stability Oversight Council (FSOC) Council Meeting, Treasury Secretary Janet Yellen expressed concerns over the lack of supervision of nonbank financial institutions and their potential to cause wider financial contagion during periods of distress.

Nonbank financial institutions are entities that provide specific financial services but do not hold a bank license and are not insured by the Federal Deposit Insurance Corporation (FDIC). This includes venture capital firms, crypto companies, and hedge funds. Yellen noted that the existing guidance issued in 2019 created inappropriate hurdles during the designation process for nonbank status for major financial firms, a process that currently takes up to six years.

Yellen added that the new guidance measures would remove these hurdles and streamline the designation process for nonbank status. The new, shorter oversight and designation process will still allow regulators and institutions enough time to communicate and discuss specifics. The new guidance will replace the 2019-era rules with an analysis process where the council determines if “material financial distress at the company or the company’s activities could pose a threat to U.S. financial stability.”

Yellen also referred to the recent collapses of crypto- and tech-friendly banks such as Silvergate Bank, Signature Bank, and Silicon Valley Bank, which caused the worst banking crisis since 2008. She reassured both investors and everyday citizens that the US banking sector remains robust and secure. Yellen warned that the recent banking crisis is a clear example of why greater oversight and emergency provisions should be granted to FSOC and the Federal Reserve.

In rewriting the article, it’s important to note that the US Treasury’s recent proposal to ease oversight of nonbank financial institutions is not an isolated event. Rather, it is part of a larger effort to reform financial regulations in the US. This effort began following the 2008 financial crisis, which exposed weaknesses in the regulatory framework that governed the US financial system.

One of the key pieces of legislation that emerged from this effort was the Dodd-Frank Wall Street Reform and Consumer Protection Act. This act created the FSOC, a council made up of the heads of the major US financial regulatory agencies. The FSOC was charged with identifying and addressing threats to US financial stability, including those posed by nonbank financial institutions.

The 2019-era rules that Yellen referenced were put in place to make it more difficult for the FSOC to designate nonbank financial institutions as systemically important. The designation comes with a number of regulatory requirements, including higher capital buffers and more frequent stress tests. Nonbank financial institutions argued that the rules were overly burdensome and unnecessary.

However, Yellen and other regulators argued that the 2019-era rules created too many hurdles and slowed down the designation process. They also pointed out that nonbank financial institutions were playing an increasingly important role in the US financial system and needed to be subject to greater oversight.

The new guidance proposed by the US Treasury and other regulators seeks to strike a balance between the need for oversight and the concerns of nonbank financial institutions. The guidance would create a more streamlined designation process that still allows for enough time for regulators and institutions to communicate and discuss specifics.

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