RiskChat: How Can We Get Our Arms Around Dodd-Frank?
My research and writing on the Dodd-Frank Wall Street Reform and Consumer Protection Act has so far focused more on specific compliance components, such as “say on pay” and clawback policies. OpenPages Vice President Gordon Burnes regularly huddles with chief risk officers and CFOs at client companies in the financial services sector to keep tabs on the risks that concern them. While Dodd-Frank applies to all companies, firms in the financial services sector have been closely watching the new regulation ever since its inception. Here’s what Burnes had to say about the new law’s likely impact — from a big-picture perspective as well as a financial services standpoint.
Eric Krell: Who gains and who loses in Dodd-Frank?
Gordon Burnes: You might argue that it is a win for those that have advocated greater regulation over the financial services sector (e.g., consumers and businesses) and a loss for those financial services companies that have resisted that greater regulatory oversight. Indeed, the creation of the Consumer Financial Protection Bureau as part of the Federal Reserve will be a powerful advocate for consumers. However, it’s not that simple. First, there’s much rulemaking to ensue from the passage of the legislation, which means that the financial services industry will be able help shape and influence any future regulation that results from the bill. Second, one of the key aspects of banking regulation is capital. Dodd-Frank was careful not to proscribe anything that would contravene the Basel III process, and that process appears to be favorable to banks; the recent capital requirements resulting from the Basel III process sent bank stocks up, not down. Third, some have argued that greater regulation will bring stability to the financial services sector, which in turn will spur investment as businesses get more confident in the economic outlook. And, of course, this investment will benefit the banks themselves. So, in some ways, it’s too soon to tell who wins and who loses: this may be a win-win. more








