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Inefficiency of the Volcker Rule in Regulating Banking Activity

Inefficiency of the Volcker Rule in Regulating Banking Activity
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摘要 As a section of Dodd-Frank Act,the Volcker Rule bans proprietary trading for banking entities.In view of the outcome of financial tsunami,US Congress enacted such legislation to restrict proprietary trading activities.However,proprietary trading has moved to less-regulated business sectors,such as hedge funds which may increase overall risk,absent market or regulatory restraint.Since the Volker Rule only focus on proprietary trading,it may neglect the significant problems which truly resulted in the serious financial crisis.The Rule also failed to tackle the long-term commitment which is thought to be one major source of banking losses.In addition,given the difficulties of distinguishing proprietary trading from permitted activities,the Volker Rule probably did not fulfil its regulatory function.For the banking entities,it is important to distinguish between proprietary trading and permitted activities.To be effective,new financial regulation must reflect new relationships in the marketplace,but the Volker Rule fails to reflect the financial reality which requires remedial measures. As a section of Dodd-Frank Act,the Volcker Rule bans proprietary trading for banking entities.In view of the outcome of financial tsunami,US Congress enacted such legislation to restrict proprietary trading activities.However,proprietary trading has moved to less-regulated business sectors,such as hedge funds which may increase overall risk,absent market or regulatory restraint.Since the Volker Rule only focus on proprietary trading,it may neglect the significant problems which truly resulted in the serious financial crisis.The Rule also failed to tackle the long-term commitment which is thought to be one major source of banking losses.In addition,given the difficulties of distinguishing proprietary trading from permitted activities,the Volker Rule probably did not fulfil its regulatory function.For the banking entities,it is important to distinguish between proprietary trading and permitted activities.To be effective,new financial regulation must reflect new relationships in the marketplace,but the Volker Rule fails to reflect the financial reality which requires remedial measures.
作者 周格格
出处 《科技信息》 2013年第22期184-185,共2页 Science & Technology Information
关键词 经济学 经济管理 经济体 新经济 Volker Rule Dodd-Frank Act Proprietary Trading Permitted Activity Limitation
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参考文献5

  • 1Charles K.Whitehead(2010).The Volcker Rule and Evolving Fi-nancial Markets.Cornell Law School research paper No.11-19.
  • 2R.Rex Chatterjee(2011).Dictionaries Fail:The Volker Rule’s Reliance on Definitions Renders It Ineffective and A New Solution is Needed to Adequately Regulate Proprietary Trading.International Law and Management Review,Volume8.
  • 3Ted Harding(2010).Under the“Volcker Rule”in the United States,It Is proposed that Banks Will No Longer Be Allowed to Own,In-vest in,or Sponsor Hedge Funds,Private Equity Funds,or Proprietary Trading Operations for Their Own Profit,Unrelated to Serving Their Customers.Can This Be an Effective Regulatory Response to Risk Issues Exposed During the Financial Crisis that Commenced in the Autumn of 2008UCD Research Paper37.
  • 4Edward F.Greene and Ilona Potiha.Examining the Extraterritorial Reach of Dodd-Frank’s Volcker Rule and Margin Rules for Uncleared Swaps-a Call for Regulatory Coordination and Cooperation.Available at:http://ssrn.com/abstract=2124256.
  • 5Le-el D.Sinai.The Volcker Rule:The Plain Meaning,Legislative Intent,and Public Policy Considerations of the Ban on Proprietary Trad-ing.Available at:http://ssrn.com/abstract=2039406.

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