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Chapter 18
Bank Regulation
Financial Markets and Institutions, 7e, Jeff Madura
Copyright ©2006 by South-Western, a division of Thomson Learning. All rights reserved.
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Chapter Outline

Background

Regulatory structure

Deregulation Act of 1980

Garn-St Germain Act

Regulation of deposit insurance

Regulation of capital

Regulation of operations

Regulation of interstate expansion

How regulators monitor banks

The “too-big-to-fail” issue

Global bank regulations
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Background

The banking industry has become more
competitive due to deregulation

Banks have more flexibility on the services they offer,
the locations where they operate, and the rates they
pay depositors

Banks have recognized the potential benefits from
economies of scale and scope

Bank regulation is needed to protect customers
who supply funds to the banking system

Regulators are shifting more of the burden of risk
assessment to the individual banks themselves
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Regulatory Structure

The U.S. has a dual banking system consisting
of federal and state regulation

Three federal and fifty state agencies supervise the
banking system

A federal or state charter is required to open a
commercial bank

National versus state banks


Federal charters are issued by the Comptroller of the
Currency

State banks may decide to become members of the Fed

35 percent of all banks are members of the Fed, comprising
70 percent of deposits
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Regulatory Structure (cont’d)

Regulatory overlap

National banks are regulated by the
Comptroller of the Currency, the Fed, and the
FDIC

State banks are regulated by the state
agency, the Fed, and the FDIC

Perhaps a single regulatory agency should be
assigned the role of regulating all commercial
banks and savings institutions
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Regulatory Structure (cont’d)

Regulation of bank ownership

Commercial banks can be either
independently owned or owned by a bank

holding company

Most banks are owned by BHCs

BHCs have more potential for product diversification
because of amendments to the Bank Holding
Company Act of 1956
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Deregulation Act of 1980

The Depository Institutions Deregulation and Monetary
Control Act (DIDMCA) was enacted in 1980

DIDMCA has two categories of provisions:

Those intended to deregulate the banking industry

Those intended to improve monetary control

The main deregulatory provisions are:

Phaseout of deposit rate ceilings

Allowance of NOW accounts for all depository institutions

New lending flexibility for depository institutions

Explicit pricing of Fed services
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Deregulation Act of 1980 (cont’d)


DIDMCA also called for an increase in the
maximum deposit insurance level from $40,000
to $100,000 per depositor

Impact of DIDMCA

There has been a shift from conventional demand
deposits to NOW accounts

Consumers have shifted funds from conventional
passbook savings accounts to various types of CDs

DIDMCA has increased competition between
depository institutions
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Garn-St Germain Act of 1982

The Act:

Permitted depository institutions to offer money market
deposit accounts (MMDAs), which have no interest
ceiling

MMDAs are similar to money market mutual funds

MMDAs allow depository institutions to compete against
money market funds in attracting savers’ funds

Permitted depository institutions to acquire failing

institutions across geographic boundaries

Intended to reduce the number of failures that require
liquidation
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Regulation of Deposit Insurance

Federal deposit insurance has existed since the
creation of the FDIC in 1933 as a response to
bank runs

About 5,100 banks failed during the Great Depression

Deposit insurance has increased from $2,500 in 1933
to $100,000 today

Insured deposits make up 80 percent of all commercial
bank balances

The FDIC is managed by a board of five directors, who
are appointed by the President
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Regulation of Deposit Insurance
(cont’d)

The FDIC’s Bank Insurance Fund is the pool of funds
used to cover insured deposits

The fund is supported with annual insurance premiums paid by
commercial banks, ranging from 23 cents to 31 cents per $100 of

deposit

In 2003, three BIF-insured banks failed with total assets of $1.1
billion

As of 2004, the BIF balance was about $34 billion

In 1991, the Federal Deposit Insurance Corporation
Improvement Act (FDICIA) was passed

Phased in risk-based deposit insurance premiums to counteract
the moral hazard problem
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Regulation of Capital

Capital requirements force banks to
maintain a minimum amount of capital as a
percentage of total assets

Banks would prefer low capital to boost their
ROE

Regulators have argued that banks need
sufficient capital to absorb potential operating
losses
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Regulation of Capital (cont’d)

Basel Accord of 1988


Central banks of 12 major countries agreed to uniform capital
requirements

The Accord was facilitated by the Bank for International
Settlements (BIS)

The key contribution of the Accord is that the requirements were
based on the bank’s risk level, forcing riskier banks to maintain a
higher level of capital

In 1996, the Accord was amended so that bank’s capital level also
account for its sensitivity to market conditions

Very safe assets are assigned a zero weight, while very risky
assets are assigned a 100 percent weight
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Regulation of Capital (cont’d)

Basel II Accord

The Basel Committee has worked on an
accord that would refine the risk measures
and increase the transparency of a bank’s risk
to its customers

The three parts of the Accord are:

Revise the measurement of credit risk

Explicitly account for operational risk


Require more disclosure for market participants
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Regulation of Capital (cont’d)

Basel II Accord (cont’d)

Revised measures of credit risk

The risk categories are being refined to account for some
possible differences in risk levels of loans within a category

A bank’s loans that are past due will have a weight of 150%
applied to their assets

Banks can use the internal ratings-based (IRB) approach to
calculate credit risk, in which banks provide summary statistics
about their loans to the Basel Committee

The Committee then applied pre-existing formulas to the
statistics in order to determine the required capital level
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Regulation of Capital (cont’d)

Basel II Accord (cont’d)

Accounting for operational risk

Operational risk is the risk of losses from inadequate or failed
internal processes or systems


Intended to encourage banks to improve their techniques for
controlling operational risk to reduce bank failures

Initially, banks can use their own methods for assessing their
exposure to operational risk

The Basel Committee suggests the average annual income
generated over the last three years
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Regulation of Capital (cont’d)

Basel II Accord (cont’d)

Public disclosure of risk indicators

The Basel Committee plans to require banks to
provide more information to existing and
prospective shareholders about their risk exposure
to different types of risk

This would provide existing and prospective
investors with additional information about a bank’s
risk
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Regulation of Capital (cont’d)

Use of the value-at-risk method to determine
capital requirements


Under the 1996 amendment to the Basel Accord,
capital requirements on large banks were adjusted to
incorporate their own internal measurements of
general market risk

Market risk is the exposure to movements in market forces
such as interest rates, stock prices, and exchange rates

Capital requirements imposed are based on the bank’s own
assessment of risk when applying the VAR model

VAR is the estimated potential loss from trading businesses
that could result from adverse movements in market prices

Banks typically use a 99 percent confidence level

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