453 - lecture notes Flashcards
Why we talk about banking regulation:
When you get a crisis in the banking system, it can shut down a whole economy. Regulation matters. We also have to care about history.
—One of the fatal flaws to a representative republic is the difficulty of passing tough legislation. Banking regulation can be one of those hard things, so generally we have knee jerk legislation when a crisis hits
Our American Heritage– our ancestors were motivated to come to America– the catholic church dominated Europe, so if somebody wanted to start a covenant community, you couldn’t do it in Europe. The people who started America were looking for FREEDOM:
- Religious freedom
- Economic opportunity/freedom
- Government freedom (from oppression & individual rights)
a. According to Locke (right to life, liberty and property), so we created the constitution to put strict parameters around the Fed government to make sure your rights are protected and not infringed.
more than anything we wanted FREEDOM - didn’t pass laws at first - when almost 100 years w/o banking regulations (meaning we tried the CAPITALIST approach with no gov. intervention….it was hard - proving we need gov. involved) (very libertarian mindset at first)
Free banking era
National Banking Act of 1863
- -meant to address the major problems that persisted in banking system before 1863
- -prior to this regulation was time called WILDCAT BANKING ERA (1836-1863) - called the “FREE BANKING ERA” bc no central bank or national banking regulation
during time - there was bad behavior of people who started banks
–no regulation or national currency so people would trade gold or silver
in Frontier communities, ppl started banks and exchange gold/silver deposits for bank notes - began to be means of pmt. in communities
2 reasons this is called wildcat banking era
- -1. banks would sometimes set up shop, accept gold/silver deposits in exchange for note that would only be redeemable at a distance location so high up in mountains that only wildcats lived there
- —no federal laws and also no Universal Am. currency - so bank would make it so you couldn’t redeem bank note
- -2. there were thieves who would start banks and ride off with deposits as quietly as wildcars
First federal banking law
National Banking Act of 1863
- –required ALL BANKS TO GET A CHARTER either frmo state or to become a state bank or fed gov. to become a national bank
- -this was during Civil War, and option btwn state and national charters meant to serve as a compromise with the south
- -charters not used to stop thieves from starting banks
with law biggest provision is that you need a charter and 2nd is that Fed Gov. began to issue its own currency
–provide US dollar so if indiv. banks failed and indiv. banks notes stop floating around communities
to provide econ. incentive to switch from bank notes to new currency, gov. imposed 10% tax on indiv. bank notes
–banks didn’t want to adopt the national currency, so they started issuing checks which served same function as bank notes without 10% tax
So national banking act of 1863 was first piece of fed. banking which we still have today - still have dial banking system which req. a charter from state/national gov. and we still have checking system
3 things of national banking aact 1863
- now have to have a charter with National or state gov.
- implement a national currency
- impose a 10% tax on community bank notes
(doesn’t fix problem - 1863 - 1907 there were 5 major recessions in 50 years!)
post 1863
Post 1863, things didn’t get much better
- –inflation was still problematic, but more problematic was from 1863-1907 there were 5 major crisis in the banking system
- –1907 represented a breaking point for the US
- –In 1907 our entire banking system teetered on the brink of total collapse and was rescued by JP Morgan
- –this really scared America and they realized JP Morgan wasn’t always going to be around…so everybody started to wonder who would be their financial savior next time a banking crisis hit?
- -They didn’t expect that there would always be a private citizen who would save everything every time
- –the crisis slowly changed the minds of the citizens about what the government could and should do (instead of stay out of our business and make sure our rights were secure).
- —People started to realize government could be used as a tool for good and benefitting the citizens
1913 act
1913 passed Federal Reserve. Act of 1913 - created the Fed
- –instituted a safety net bc one of their primary responsibilites in addition to triple mandate (stable prices, full employent, moderate interest rates) was to be a lender of last resort
- -bank run can turn a solvent bank into an insolvent bank - if a sovent bank has a bank run, instead of selling assets at fire sale prices, they get a loan from lender of last resort to get through a bank run
- -things started to get better with Fed…then Great Depression came and changed things
MOST IMP. was creating Fed as lender of last resort - to give access to liquidity for solvent (A>L) banks during times of crisis
- –without access to liquity during times of crisis - becomes insolvent
- -leads to CONTAGION, which leads to BANK PANICS
- -lender of last resort heps solvent institutions withstand bank run
act of 1913 - created fed - gives authority and power to serve as lender of last resort - and gives the triple mandate
- full employment
- stable prices
- moderate interest rates
1913 and 1927 banking acts
Federal Reserve Act of 1913 (lender of last resort) was first safety net we put int
- -1927 pss McFadden ACT OF 1927
- -Put geographic restrictions around banks - prev. state banks in most banks could branch, but national banks coudl only ave one location - so McFadden act said national banks get same branching priveleges as state banks - so whatever laws governed state banks applied to national banks in borders
- -said no branch across state borders (no banks could have multi state holdings)
big picture - don’t want banking system to have heart attacks - want to optimize without allowing for excessive risk taking
- -build up model that puts tons of restrictions on banks
- -in 1929 Great depression starts - changes social contract btwn citizens and gov.
Glass Steagall Act
1933 Glass Steagall - MOST influential piece of banking regulation in our country!!
—GS creates FIRE WALLS around hte banks - bc if one bank catches fire it doesn’t set other banks on fire
- Created FDIC insurance (second safety net)
- institutions regulation Q
- instiuting scop of services restrictions
- instituted asset composition restrictions
GS was a huge success!! for 30 years omly single digit bank failures (from 4000 to 9)
reg Q (GS)
put ceilings on deposit rates that banks could offer to depositors
- –meant to help banks who compete on deposit rates and loan rates, giving margins that are very tight
- –The types of institutions that should take on leverage are those with a reliable interest rate spread
- –There is risk if you let banks compete on both of those rates because those margins could get squeezed. The logic was keep deposit rates low and guarantee some spread, it would reduce some systemic risk (helping to secure the spread)
Asset composition restrictions (GS) and scope of services restrictions
said banks could own stocks or corporate bonds
- –The argument was simple: the implosion of the stock market was one of the catalysts for the great depression, and we didn’t want to the most important component of the financial system have a lot of money invested in the stock market if it has the potential to blow up
- –Equally, the risk will be correlated between stocks and bonds, so forced banks to have safer assets on their BS
Scope of services restrictions
- -ifyou’re a commercial bank, you are forced to only be a commercial bank - can’t be involved with IB, fin. advising, insurance, broker/dealer activities
- -if you are a commercial bank that is all you are!! (accept deposits and make loans)
prisoner dilemma and bankruns
wy we got so many bank runs: prisoner dilemma
–the optimal thing is for everyone to go home whenever they see a bank run, but ppl wait in line - bank run turns into CONTAGION and leads to bank panis
GLASS STEAGALL of 1933 made things a lot better
- -in 1933 we lost 4000 banks and in 1934 we have 9 bank failures
- –but this model creates a system of lots of small banks
- -means if one bank goes down, won’t take the whole system down - probability of systematic risk given a single bank failure is low
- -means it isn’t great for consumers though (Reg Q put ceilings on deposit rates) - but most importantly is lack of geographic diversification
- -problem is banks don’t have diversified revenue streams bc only take deposits and make loans w/o diversification in scope of services and no geographic diversifiation
- -so if you are a bank in Texas - have extreme hurricane risk that can’t be offset w/ another location
- -probability of systematic failure if one bank fails is low, but probability of a single bank failing is really high bc no diversification
During S&L crisis
during 1944-1966, we never have more than 7 banks fail in one year
- –we have thousands of banks fail in S&L crisis - caused in 1980 when there was deregulation act called DIDMCA got rid of Reg Q (geting rid of caps on deposit rates bc of inflation in late 70s)
- -bc weren’t subject to reg Q, banks lost their funding when everyone pulled money from banks to put them in momney mkt. mutual banks
- -so banks lobbied congress to compete with deposit rates - so got rid of Reg Q
- -then oil prices skyrocket during 70s!!! then oil prices plummet in mid 80s
- -when oil prices plummet, all oil workers get laid off and can’t pay their loans
- -at same times loans default, yield curve inverts in early 80s
- -wouldn’t have been problem if still had reg Q bc deposit rates wouldn’t change, but without it, yield curve inverts and deposit rates shoot up and loan rates go down and people default on loans in TX and OK
- -wipes out their banking system in those states
Savings and loans crisis - in 70s - staglation!!!
—huge problem bc inflation HIGH (10-11%) and economy stagnate - so problem for depositers bc deposit rates were set so locked deposit rates causesd real return to be non-existent bc of inflation
- MAJOR CAUSE OF S&L CRISIS WAS OIL CRISIS (in Texas)
- grain and agriculture prices - farmers in mid-west
- a SECOND inverted yield curve
- -FSLIC goes bankrupt
DIDMICA
glass stegall had huge impact on reducing # of bank failures - had very few from 1933-80
- -get pressure in 80s bc inflation put pressure on banks - lead depositors to withdraw funds from banks bc banks did not inc. deposit rates above what is outlined in reg. Q - so money mkt. mutual funds start competing against banks for funds
- -Reg Q eliminated by DIDMCA of 1980 - which was WORST TIME TO ELIMINATE BC DURING 1980 THE YIELD CURVE WAS INVERTED (spread btwn treasuries at diff. times of maturity —inverted means a negative interest rate spread)
- -eliminating reg Q was the kiss of death
- -Same time - have inversion of yield curve
- -taught us coming out of GD that current banking structure had no geographic diversification in banking istitutions
- -saw it wasn’t optimizing what banks coud do for the economy - profibits banks from taking advantage of economies of scale and scope
- -the only benefit from model is that prob. of systematic risk gien s bank failure is low
1981 Legislation - FDICIA - in response to S&L crisis
coming out of S&L crisis of 80s/90s - pass one piece of inc. regulation then start DEREGULATION
1991 - pass FDICIA (Fed. deposit insurance corp. improvement act
–means that every regularory who does onsight visit at a bank calculates a CALMELS score which says how risky a bank is/how close it is to having insolvency problems (5 riskiest)
–this then determines how much you pay in FDIC premiums
–so now banks pay prem. based on their CAMEL score - 5 pay highest bc riskiest
C - capital quality
A - asset quality (how risky are assets)
M - Management
E - earnings quality
L - liquidity - how liquid are assets
S - snesitive to mkt. risk
begins a model of RISK-BASED CAPITAL - so regulators impose capital standards based on how risky the bank is -
—then we realize may have over regulated
CAMELS used for
- -FDIC insurance - premium based on risk level
- -capital requirements
contemplating deregulation - pass Reigle Neal act in 1994 - and Gramm-leach Bliley Financial services modernization - go to bottom of notes for more details
- Pass Riegle-Neal in 1994
- -help banks take advantage of economies of scope and scale that prev. didn’t
- -got rid of McFadden act of 27 (geographic barriers on banks)
- –there wasn’t such thing as a national bank until 24 years ago!!! triggered an M&A wave - intense consolidation
- –gets rid of state - Gramm-leach Bliley Financial Services Modernization act of 1999
- –1998 City and Traverers group (insurance) announce they were going to mergeg 0 merger was illegal according to glass-steagall of 1933 bc bank can’t get involved in insurance - but they say they’ll do it anyway
- -when annouence their merger, they said they don’t believe in Congress’ laws, the regularoty agency said they wouldn’t stop it
- -congress responds and passes GRAM-LEACH-BLILEY FIN. SERVICES MODERNIZATION OF 1999
- -this gets rid of economis of scope restrictions
starts huge race to get big geographically and in terms of scope of services - commercial banks still prevented from owning stocks/corp. bonds
after de-regulation cont.
after Gram Leach Bliley - means only parameter that stil exists post glass stegall is asset composition restrictions (stocks corp. bonds)
- –now instead of small and may model…banks merged and have large and few model
- –large banks with lots of geo. and scope of services diversification and tons of synergies
- -part of boom from 92-97 was deregulation
- -needed to have a mechanism to transfer capital from net savers to net borrows - one of authors of bull mkt. narrative from 92-02 was deregulation
now prob. single bank failing is low but prob. of systematic risk if one bank fails is really high!!
during fin. crisis of 08 - bank failures - Dod Frank Act 2010
During the financial crisis of ‘08, we had a few really big institutions that started to fail–Lehman Brothers, Bear Stearns, Indie Mac, Wacovia.
- —Comign out of the ‘08 financial crisis, we get knee jerk regulation Dodd-Frank Act of 2010.
- –This was thoughtful knee-jerk legislation
- –big problem it tries to solve is that there are a few giant banks… that are too big to fail (it would be too districture to our economy to let these insitituins fail)
- –Dodd-Frank is LATEST ATEMPT in - trying to helps us get our arms around the too big to fail notion
- –Dodd-Frank created the FSOC has the responsibilty to identify SIFIs (companies that are too big to fail). SIFIs have tons of additional regulation you’re subject to. Now a committee that identifies companies that are too big to fail and have additional; regulation and you could be broken up
- –Also institutes Volker rule which prohibits banks from prop trading (using commercial bank’s money for prop trading)
first central bank and events leading up to free banking era
Alexander Hamilton and Thomas Jefferson disagreed on Constitution and how to interpret it
- -Jefferson thought it didn’t say don’t do it
- -Hamilton said if it isn’t prohibited its fine
- -Hamilton said there’s tons of fCivil war debt so we’d make a central bank that would issue bonds to pay down the war debt so all wealthy people in Am. would buy bonds and pay down debt and also make landowners have vested interest in new gov.
- -Hamilton wins the bank
- -starts first central bank in 1791!!! which was granted a 20 year charter
- -we lost it in 1811 - then after war of 1812, we have a lot of war debtso we start 2nd central bank
- -monitored bank notes - 20 year charter again but Andrew Jackson did not renew charter in 1836
- -thus begins free banking era from 1836-1863 bc no central bank or federal banking laws
- -half banks failed with 1/3 of those unable to redeem their notes - about 16% of free banks in t hos states couldn’t redeem their banknotes - about 16% of free banks existed for less than 1 year wth overall average of about 5 years
- -ave. life 5 years, 16% failed first year, 1/2 of all banks failed in free banking era
three hallmakrs of free banking era
- wild banking instability
- money supply fluctuations
- inflation fluctuation
Kirtland Safety society anti-banking company (KSSAC)
1831 - started United Order in Kirtlad which was dissolved 1834
- -matters bc placed church at economic center of Kirtland community
- -long before bank started, we had established precenent for church being at the econ. cetner
- -so by Nov. 1836, Saints decide they’re going to start a bank (bc each frontier city realized the limiting factor in their growth was capita, transfering if from savers to borrowers… they needed a bank)
- –Ohio isn’t a free banking state, and they needed a charter to start the Kirtland Safety Society Banking Company.
- –1836 the Ohio State Legislature only granted 1 charter for a bank.
- –You’ve got a problem now and you can’t issue notes unless you’re a bank.
- –Their idea was to change their name and become an anti bank and they begin to issue their notes in January
- –Joseph Smith was the 2nd largest shareholder and treasurer of the KSSAC.
Large macro-economic factors during KSSAC time
The bigger problem– the money supply almost vaporizes and prices decline by 35% and inflation as this bank opens - Across country, the money supply expands rapidly and prices expand too
- –Kirkland expands in population - Lots went from $50 up to $2000. Real estate bubble
- –have to capitalize a bank, and the initial owners capitalized the bank with mortgages on land that was in a real estate bubble (with land that was wildly overvalued) (instead of money because there wasn’t a national currency)
- –Then Andrew Jackson lets the charter for the second central bank expire right after we create the KSSAC
- –Now inflation goes crazy, but Andrew Jackson realizes he needs to do something about inflation so he signs an executive order of a defacto gold standard (if you’re buying land from the US government you have to do so in gold, so all these community bank notes lose their value)
- –The money supply contracts after Andrew Jackson imposes this new gold standard, and so the value of the land plummets if you can only buy with gold (bubble pops)
- -since we didn’t have a charter, couldn’t issue notes
Additional KSSAC notes
by Jan 23 of 1837 Sidney Rigdon announces the KSSAC wouldn’t redeem notes
- –On March 24, 1837 Joseph Smith fined 1k for illegally operating a bank
- –Before July 7, Joseph Smith withdraws from the association and then publishes a note in August telling everyone to stay away from the KSSAC because he didn’t like the person running the bank
- –By Nov 1837 it’s shut down
- –The KSSAC gives us a window into understanding the Free Banking Era (16% of banks failed in the first year). They weren’t the only bank that failed or couldn’t get a charter. Not abnormal. Estimate of the losses was ~$100-200 per Mormon family (¼-½ of an annual wage for a family)
KSSAC main point
1836 (Joseph Smith, Sidney Rigdon, Orson Hyde, Oliver Cowdery), failed in less than a year because they capitalized the bank with mortgages on land that was in a bubble that popped (because Jackson said you could only buy land from the US government with gold so all the notes issued by community banks become less valuable) lots go from $50-$2000. Jackson had to do this because no central bank now. Other historians say the other reason the anti-bank fell was because they didn’t have a charter (Ohio required charters) which made it hard for them to issue notes. It was bad timing and they didn’t get the charter. By 1863 we pass the National Banking Act of 1863, what’s relevant today is from 1863-1907 things don’t really get better.
Bank panic 1907
bc charter for 2nd central bank expired in 1836 - 1863 was closing bookends bc it was first national banking act of 1863
–before - 50% of all banks failed, 16% failed in first year - ave. lifepand 5 years
National banking act of 1863 did not really solve any problems - cont. to have crisis and business cycle fluctuation
bank panic of 2907
- -F. Augustus Heinz owns a copper mine in Montana
- -also owned bank in Montana called Bute Savings Bank
- -Bute, Montana was imp. place supplying lots of metal for industrial revolution across the country
F A Heinz and short squeezing
- -F A Heinz decides he wants to corner the market for another company called United Copper
- -wants to pour enough money into stock to trigger a short squeeze to artificially manipulate the stock price
- -at any given point in time, there are ppl with short position - your money makes the stock price go up and you get it to the point where the ave. existing shareholders think its time to pull out - but in order for them to get out they nee dtheir shares - forces all short sellers to buy back the shares
- -you get another kick in price and you get out at the peak
FA Heinz has brother names OttoHeinz - owne brokerage house in NY
- -Augustus brings in $25M of his own money and borrows $25M from brother’s house
- -so they drop $50M into price of United Copper
- -it peaks on Oct. 14th 1907 - at $62, but they thought it could get higher so they drop their $50M and 2 days later on Oct. 16 it closes at $15 - they are never able to trigger the short squeeze and price plummets
Problem with United Copper price plummetting
They are never able to trigger the short squeeze, and the price plummets.
- –The problem is this is Pre-Glass Steagall and no FDIC insurance, so Bute Savings Bank was actually holding a lot of Untied Copper Stock…so when that got obliterated, it also put the Bute Savings Bank out of business
- –it failed on October 17. No FDIC, no lender of last resort, so this runs like wildfire
- –FA Heinz was the president of a bank called Mercantile National who had a man on the board of directors named CW Morris
- –If it is heard that FA Heinz has just gone broke and you know he’s the president of your own bank, this triggered a bank run
- –CW Morris was a business associate of Charles Barney who was the president of Knickerbocker Trust
- –People then start running on this bank. Then once you get two banks with bank runs in NY, a full scale bank panic follows
FA Heinz after bank run panic
FA Heinz announces his resignation from the Mercantile National the same day the Bute Savings Bank fails
- –CW Morris resigns from the board of directors two days later
- –He also has ties to 6 other banks which he then severs ties with
- –Then the New York Clearing House Committee was meant to be an industry lender of last resort in NY and they announce that Mercantile Exchange was fine but people didn’t listen
- –Huge bank run on KnickerBocker Trust which fails Oct 22
JPM during bank panic of 1907
JP Morgan steps in - He establishes a committee and says someone has to be a lender of last resort
- –committee was designed to vet bank balance sheets and lend liquidity to solvent banks in the challenges of bank runs
- –They go an look at knickerbocker trust and say it’s insolvent and let it fail
- –Lender of Last Resort exists to provide liquidity to SOLVENT banks during times of crisis
- –They draw a line in the sand and the Trust Company of America (another bank) the first bank the JP Morgan syndicate reviews and rescue– the first bank they infuse liquidity into
- –JP put in $25m of his own money. Later Oct 24 JP gets the US government to pledge $25m to help with the crisis
- –John D Rockefeller pledges $10m - A few other big hitters contribute
- –People started blaming Teddy Roosevelt at the time. Trust Company of America survives and this helps the average New Yorker feel a renewed sense of confidence
- –On OCt 25, JP pressures other bankers to provide $25 to further help Trust Company of America
He basically is the money maker forcing people to contribute money to save certain banks
- –On that same day, he reaches out to the clergy to preach their next sermon about trusting in the banks
- –also convinced some people in Europe to send over quotes about their confidence in the US financial system
- –This was about consumer confidence
- –On Oct 30 the city of NY needs to place a $30m bond that JP helps them place
- –Oct 30 JP Morgan locks a bunch of bankers in his library all night until they come up with a plan to rescue the remaining banks and trust companies
Fed reserve act of 1913
Fed Reserve Act of 1913, so this was literally the bank panic of 1907 that gives us the political willpower to create the central bank
- –JP Morgan’s role in the bank panic of 1907 was the catalyst that led to the federal reserve act of 1913
- –In this act, we asked the Federal Reserve to be the lender of last resort (because government can tax and print money), a bank regulator (enforcement responsibilities) as well as the triple mandate (specifically to preserve price stability, full employment and moderate interest rates– now the dual mandate)
- –We’ve tried life without a central bank. Another hallmark of the free banking era was incredible business cycle fluctuation (recessions and expansions). Have things gotten better?
Improvement since fed reserve act of 1913 - the fed
- Inflation/money supply: with a central bank, average annual inflation was highest at less than 5%. Our federal reserve over the last 30 years has done an incredible job at maintaining price stability.
- Banking stability: we have seen 3 bank panics since 1907: the great depression, the S&L crisis and ‘08 HUGE IMPROVEMENT.
- Business cycles: measures length of expansions and contractions– before the federal reserve we would have contractions for ~21 months followed by expansions for ~26 months. After the federal reserve post-great depression, average contraction 11 months and average expansion 58 months