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Bank regulation
Capital punishment
The latest global capital rules to make banks safer are sensible. Much else that regulators are doing is not
GIVEN how many things went wrong at banks during the financial crisis, it is not surprising that regulators have come up with several new rules to set them to rights. On November 10th the Financial Stability Board (FSB), an international body charged with avoiding future crises, unveiled yet another test banks will have to pass—the fifth so far. At the same time Mark Carney, the head of the FSB and governor of the Bank of England, declared that these measures, if taken together and implemented1 properly, would “substantially complete the job” of “fixing the faultlines” that led to the crash.
Broadly speaking, he is right. The alphabet soup of rules devised in recent years makes it much harder for banks to be run in the risky2 manner that was all too common before 2007. New liquidity3 requirements prevent them from borrowing money on fickle4 overnight markets while lending it on for 30 years, the practice that felled Northern Rock, the first British bank to fail during the crisis. New rules on capital, including the one unveiled by Mr Carney this week, will force banks to have a decent safety buffer5 so that tiny changes in the value of their assets do not cast them automatically into the arms of the state.
Better yet, the latest measure ensures that if a bank's shareholders6 are wiped out there will in future be an additional tier of investors7 standing8 between failure and a taxpayer9-funded bail-out. “Total loss-absorbing capacity”, in the regulatory argot10, will soon include not just the money invested by shareholders, but also that lent by bondholders, most of whom avoided any losses during the crisis thanks to government bail-outs. It is the centrepiece of the FSB's efforts to make sure that no bank is “too big to fail” (see article).
This extra capital is all-important. Before 2007, some banks had such a thin loss-absorbing cushion that a 2% fall in the value of their assets put them out of business. Imposing11 losses on their creditors12 involved long and uncertain lawsuits13, and so was seldom attempted during moments of crisis. Instead, to stop the panic spreading, governments resorted to bail-outs. Under the new dispensation, however, “systemically important” banks should be able to endure a 20% fall in the value of their assets before placing panicky calls to the central bank.
The need to hold more capital makes banks less profitable—but that is no bad thing: the mammoth14 profits they made in the boom years were predicated on the subsidy15 they were receiving in the form of implicit16 government backing. It may also make them shrink, since one way to raise capital relative to assets is to hold fewer assets. That, too, is for the best, as long as people and businesses can find other ways to borrow. Relying more on stock- and bond-issuance would enable the economy to be financed at much less risk to the taxpayer.
If they want to stay in business, banks will also have to ask shareholders and the bond markets for more money. Attracting the capital that will make banking17 safer will be hard, with profit forecasts so anaemic. However it will also be made unnecessarily difficult by capricious behaviour from the very watchdogs who are ordering banks to raise the funds.
One problem is the endless tinkering with the rules. For all Mr Carney's talk of finishing the job, global regulators have yet to set the minimum level for several of their new capital requirements. National regulators are just as bad. No bank can be certain how much capital it will need in a few years' time. Pension funds and insurance companies rightly fret18 that even a tiny tweak in any of the new regulatory tests is enough to send a bank's share price plummeting19 (or, less often, rocketing).
The dark side of banker-bashing
The other problem is the multi-billion-dollar fines levied20 by regulators in America and Europe, seemingly calibrated21 not to the scale of the alleged22 wrongdoing but to banks' ability to pay. This week six big international banks agreed to hand over billions for manipulating foreign-exchange markets, with little explanation of how the penalties were calculated. New edicts unrelated to capital, such as America's assaults on money-laundering and tax-dodging, add yet more obligations.
Banks can hardly be surprised that regulators have rewritten the rule-book and then thrown it at them. But, for the health of the system, the rules need to be predictable, transparent23 and consistent. Incredibly, the regulations emanating24 from America's Dodd-Frank financial reforms are still being written, more than four years after the law was passed. Europe is scarcely better. Impose demanding capital rules, but stop adding more red tape: that should be the mantra of bank regulators just about everywhere.
1 implemented | |
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效 | |
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2 risky | |
adj.有风险的,冒险的 | |
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3 liquidity | |
n.流动性,偿债能力,流动资产 | |
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4 fickle | |
adj.(爱情或友谊上)易变的,不坚定的 | |
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5 buffer | |
n.起缓冲作用的人(或物),缓冲器;vt.缓冲 | |
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6 shareholders | |
n.股东( shareholder的名词复数 ) | |
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7 investors | |
n.投资者,出资者( investor的名词复数 ) | |
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8 standing | |
n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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9 taxpayer | |
n.纳税人 | |
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10 argot | |
n.隐语,黑话 | |
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11 imposing | |
adj.使人难忘的,壮丽的,堂皇的,雄伟的 | |
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12 creditors | |
n.债权人,债主( creditor的名词复数 ) | |
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13 lawsuits | |
n.诉讼( lawsuit的名词复数 ) | |
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14 mammoth | |
n.长毛象;adj.长毛象似的,巨大的 | |
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15 subsidy | |
n.补助金,津贴 | |
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16 implicit | |
a.暗示的,含蓄的,不明晰的,绝对的 | |
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17 banking | |
n.银行业,银行学,金融业 | |
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18 fret | |
v.(使)烦恼;(使)焦急;(使)腐蚀,(使)磨损 | |
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19 plummeting | |
v.垂直落下,骤然跌落( plummet的现在分词 ) | |
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20 levied | |
征(兵)( levy的过去式和过去分词 ); 索取; 发动(战争); 征税 | |
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21 calibrated | |
v.校准( calibrate的过去式和过去分词 );使标准化;使合标准;测量(枪的)口径 | |
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22 alleged | |
a.被指控的,嫌疑的 | |
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23 transparent | |
adj.明显的,无疑的;透明的 | |
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24 emanating | |
v.从…处传出,传出( emanate的现在分词 );产生,表现,显示 | |
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