Regulating for Tomorrow

Posted on Thursday, May 14, 2009 in Uncategorized

New rules are being created to oversee our financial system. These regulations are designed to protect us from financial harm. Unfortunately, what just harmed us is rarely what we should be worrying about.

Let me give you an example.

Today, banking regulators are working furiously to demand that the nation’s bankers rid themselves of those problematic development loans. That makes sense on the surface. In the minds of most, not a single new home will ever be built in this country. Neither will a new city be incorporated, a new school be built or a new job created.

But dig a little deeper and you will find that all land development is being regulated, even those where the borrower is steadily making proper loan payments.

From the banker’s perspective, he is not going to argue with the bank regulator. Running afoul of their demands carries the possibility that the bank is focused on too closely or even shut down.

For those with a short memory, or of a younger generation, I share with you the example of the banks that regulators chose to chain shut during the savings and loan crisis of the early 1990s.

Within just a few years, courts across this nation heard cases against the government for unfair decision making on the part of regulators. In at least one case, the fallen bank won a settlement for the subjective nature of its closure. In an odd aside to that crisis, the publicly traded stock of several banks continued to trade for the future value of potential settlement, long after the bank ceased to exist.

On another level, does anyone else find it odd that after more than 100 years as an investment firm, Goldman Sachs woke up one day and decided to announce it was converting to a bank? It was one of the first to do so and just in time for its former chairman, Hank Paulson, to announce that as Treasury Secretary banks would be offered a new program called TARP.

I suspect that when the story is finally written on today’s banking environment we will all conclude that some good banks were shut down, some bad banks were allowed to stay open and the system was overly focused on yesterday’s problems rather than tomorrow’s solutions.

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