FACTBOX-Major U.S. financial regulation initiatives
July 16 (Reuters) - The Obama administration on Thursday sent Congress proposed legislation that would give shareholders more influence over corporate executive pay, part of a broader plan to tighten U.S. financial regulation.
In the midst of the worst banking crisis in generations and with the economy in its 19th month of recession, Congress and the administration are working on an array of initiatives to tighten oversight of banks and financial markets.
Companies whose business models could be at risk under various aspects of the plan are listed below under the heading of "political risk exposure." (For an executive summary of the administration's financial regulation reform proposals, please click on: here)
EXECUTIVE PAY:
The Treasury sent Congress a bill on Thursday that would give shareholders an annual non-binding vote on executive pay and require more independence for compensation committees.
The "say-on-pay" legislation would resemble rules adopted in Britain in 2002. It would require a separate shareholder vote for golden parachutes or other special payments to executives in mergers or acquisitions.
The administration has vowed to revamp executive compensation structures across the board to discourage excessive risk taking and better align pay with shareholder interests. (For the full bill language, please click on: here)
SYSTEMIC RISK REGULATION:
The Obama administration wants to put the Federal Reserve in charge of overseeing large, interconnected firms and "big picture," or systemic, financial risk in the economy.
Under the Obama plan, the Fed would work with a council of regulators that would replace the President's Working Group on Financial Markets. Some lawmakers, disappointed with the Fed's recent work in protecting consumers and managing risk, are skeptical about giving the central bank this new duty.
RESOLUTION AUTHORITY:
A government mechanism would be set up for "orderly resolution of any financial holding company whose failure might threaten the stability of the financial system" under the Obama plan. Draft legislation has been proposed giving the Federal Deposit Insurance Corp this power. Republicans are offering a proposal to create a new chapter in the bankruptcy code instead.
CONSUMER, INVESTOR PROTECTION:
A new Consumer Financial Protection Agency would be formed under President Barack Obama's plan to oversee mortgages, credit cards and other financial products and services.
The agency could require securitized loan originators to retain 5 percent of credit risk, while it would also define standards for "plain vanilla" financial products.
Most of the financial services industry is lobbying hard on Capitol Hill to block this aspect of the Obama plan, which it sees as a threat to its profits. (For the full bill language, please click here and here)
BANK REGULATION:
Bank regulation would be streamlined, under the Obama plan, with a new national bank supervisor taking over functions of two existing bank supervisors -- the Office of Thrift Supervision and the Office of the Comptroller of the Currency.
The plan would eliminate the charter for thrifts that underlies the U.S. savings and loan industry. Representative Barney Frank, chairman of the House of Representatives Financial Services Committee, opposes killing the charter.
CAPITAL AND LIQUIDITY STANDARDS:
Financial institutions would have to strengthen their capital cushions to absorb losses when times are tough, and make themselves more liquid, or able to move quickly in and out of various holdings, "with more stringent requirements for the largest and most interconnected firms," under the plan.
This part of the plan has broad international implications, with the European Union eyeing similar changes.
SECURITIZATION:
Issuers of asset-backed securities would face new reporting requirements and be required to keep at least 5 percent of the performance risk in loans they securitize, under the plan.
Transactions would be more standardized and compensation of securitizers would be linked to long-term performance.
Sponsors of securitizations would have to stand behind securitized products sold to investors with warranties.
The 5-percent skin-in-the-game mandate was included in a bill already approved by the House and now languishing in the Senate, complicating handling of this part of the Obama plan.
Political risk exposure: Citigroup (C.N: Quote, Profile, Research), Wells Fargo (WFC.N: Quote, Profile, Research), Bank of America (BAC.N: Quote, Profile, Research), JPMorgan Chase (JPM.N: Quote, Profile, Research)
CREDIT RATING AGENCIES:
Reliance by regulators on credit rating agencies would be reduced by changing some legal rules covering debt issuance that encourage the use of credit ratings, under the plan.
The Securities and Exchange Commission is already considering reforms of potential conflicts of interest at ratings agencies. Final action is likely months away.
The SEC on Monday said it was targeting credit rating agencies for special scrutiny by a new squad of examiners.
Political risk exposure: Moody's Corp (MCO.N: Quote, Profile, Research), Standard & Poor's (MHP.N: Quote, Profile, Research), Fitch Ratings (LBCP.PA: Quote, Profile, Research)
OTC DERIVATIVES:
Under the Obama plan, over-the-counter derivatives would be regulated, futures and securities rules harmonized and payment and settlement safeguards strengthened.
The administration wants to process more trading through exchanges and clearinghouses, supervise dealers more closely, and make the opaque OTC derivatives market more transparent.
The scope of reform will largely be decided by legal definitions such as which derivatives are "standardized" and which are "customized," as well as which are moved through exchanges, central clearinghouses or subjected to increased disclosure.
Political risk exposure: JPMorgan Chase, Bank of America Corp, Citigroup, Goldman Sachs (GS.N: Quote, Profile, Research), CME Group Inc (CME.O: Quote, Profile, Research), IntercontinentalExchange (ICE.N: Quote, Profile, Research)
HEDGE FUNDS, PRIVATE EQUITY:
The Obama plan would require hedge funds and other private pools of capital to register with the SEC. Lawmakers have introduced several bills in Congress to give the SEC authority to require hedge funds to register.
The hedge fund industry largely supports increased regulation, although some in the private equity and venture capital sectors are resisting increased government oversight.
Political risk exposure: Bridgewater Associates, D.E. Shaw Group, Farallon Capital Management, Citadel Investment Group, Fortress Investment Group (FIG.N: Quote, Profile, Research), many others.
SHORT-SELLING:
The SEC is considering rules that would require large short sellers to disclose their positions to the agency, and to restrict short-selling possibly through an updated uptick rule, which allows shorting only when a stock's last sale price was higher than the previous price.
STUDENT LOANS:
President Obama's 2010 federal budget and legislation filed this week in the House call for ending the federally guaranteed student loan program and moving most of the country's $92 billion in student lending into the direct-loan program run by the Education Department.
Political risk exposure: Sallie Mae (SLM Corp) (SLM.N: Quote, Profile, Research), Student Loan Corp (STU.N: Quote, Profile, Research), JPMorgan, Bank of America, ITT Educational Services (ESI.N: Quote, Profile, Research), Corinthian Colleges (COCO.O: Quote, Profile, Research)
INSURERS:
The administration has called for a new Treasury Department Office of National Insurance that would monitor the industry and gather data, but not regulate.
Political risk exposure: Allstate Corp (ALL.N: Quote, Profile, Research), Travelers Cos Inc (TRV.N: Quote, Profile, Research), Hartford Financial (HIG.N: Quote, Profile, Research), MetLife Inc (MET.N: Quote, Profile, Research), Prudential Financial Inc (PRU.N: Quote, Profile, Research)
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