Because financial institutions provide essential services to the public and
can
have a potent impact on the economy, regulation of the financial sector is extensive
around much of the globe. Government rules encompass nearly every aspect
of the behavior and performance of financial institutions, including the services
they
offer, their management policies, their financial condition, and their ability
to expand
geographically. - Regulation involves governments setting rules that bind financial
institutions to obey laws and to protect the public interest. These rules
are enforced by agencies and commissions that often operate at local or regional
and federal levels.
- Deregulation is becoming a reality for many financial institutions
as more and more governments eliminate some rules or ease some regulations
to allow financial-service institutions to be governed more by the private
marketplace and less by government dictation.
- Among the key bank regulatory agencies active in the United States are
the Federal Reserve System, the Office of the Comptroller of the Currency,
the Federal Deposit Insurance Corporation, and the 50 state banking commissions.
The Federal Reserve oversees the member banks of the Federal Reserve System
and financial holding companies (FHCs). The Comptroller of the Currency is
responsible for the oversight of national (i.e., federally chartered) banks.
The Federal Deposit Insurance Corporation supervises nonmember banks and insures
the deposits of more than 98 percent of all banks selling deposits to the
public inside the United States. The 50 state banking commissions supervise
banks that have state charters of incorporation and often have regulatory
responsibility for other types of financial institutions, such as state-chartered
credit unions or savings and loan associations.
- Recent laws have dramatically changed the shape of financial-service industries.
Examples include the Depository Institutions Deregulation and Monetary Control
Act (1980), the Riegle-Neal Interstate Banking Act (1994), and the Financial
Services Modernization (Gramm-Leach-Bliley) Act (1999). These laws have brought
about such changes as giving more service powers to banks and thrift institutions
so they can compete more freely with each other, permitting banks to branch
across state lines, and allowing banking firms to affiliate with insurance
companies, security firms, and other businesses just as financial firms have
done in Europe for decades.
- Key regulatory agencies for nonbank financial institutions include the Office
of Thrift Supervision, which supervises savings and loan associations; the
National Credit Union Administration, which oversees federally chartered credit
unions and supervises the credit union deposit insurance fund (NCUSIF); the
Securities and Exchange Commission, which focuses principally on the behavior
of security brokers and dealers and on the activities of corporations borrowing
money in the open market; and boards or commissions present in each of the
50 U.S. states, which regulate insurance firms, finance and small-loan companies,
and certain security firms and trust companies.
- The nature of government regulation of the financial sector is changing
today, with the private marketplace gradually substituting for government
rules. Today regulators are paying less attention to making and enforcing
new rules and often find themselves pulling back to permit the discipline
of the financial marketplace to play a greater role in controlling risk taking
by financial-service firms. Regulators are also insisting that the owners
of financial institutions (principally their stockholders) supply more of
the capital these firms need to serve the public. The result is some shifting
of financial institutions risk from the public to the private owners
of these businesses.
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