Banking Regulation: An Analysis of Dodd-Frank

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Dodd-Frank should be celebrated for its success in stabilizing the financial sector following the last financial crisis. Some of its measures have not only contained financial disaster but contributed to economic growth. These elements of Dodd-Frank have been identified as

Dodd-Frank should be celebrated for its success in stabilizing the financial sector following the last financial crisis. Some of its measures have not only contained financial disaster but contributed to economic growth. These elements of Dodd-Frank have been identified as "clear wins" and include the increase of financial institutions' capital requirements, the single-point-of-entry approach to regulating financial firms, and the creation of the Consumer Financial Protection Bureau (CFPB). The single-point-of-entry strategy (SPOE), specifically, has done much to bring an end to the age of "too big to fail" institutions. By identifying firms that could expect to be aided in case of financial crisis, the SPOE approach reduces uncertainty among financial institutions. Moreover, SPOE eliminates the significant source of risk by establishing clear protocols for resolving failed financial firms. Dodd-Frank has also taken measures to better protect consumers with the creation of the CFPB. Some of the CFPB's stabilizing actions have included the removal of deceptive financial products, setting guidelines for qualified mortgages, and other regulatory safeguards on money transfers. Despite the CFPB's many triumphs, however, there is room for improvement, especially in the agency's ability to reduce regulatory redundancies in supervision and collaboration with other financial sector controllers. The significant strengths of Dodd-Frank are evident in its elements that have secured financial stability. However, it is important to also consider any potential to stifle healthy economic growth. There are several areas for legislative amendments and reforms in order to improve the performance of Dodd-Frank given its sweeping regulatory impact. Several governing redundancies now exist with the creation of new regulatory authorities. Special efforts to increase the authority of the Financial Sector Oversight Council (FSOC) and preserving the impartiality of the Office of Financial Research (OFR) are specific examples of reforms still needed to elevate the effectiveness of Dodd-Frank. In addition, Dodd-Frank could do more to clarify the Volcker Rule in order to ease banks' burden to comply with excessive oversight. Going forward, policymakers must be willing to adjust parts of Dodd-Frank that encroach too far on the private sector's ability to foster efficiency or development. In addition, identifying and monitoring areas of the legislation deemed "too soon to tell" will provide insight on the accuracy and benefit of some Dodd-Frank measures.
Date Created
2018-05
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