CFA Institute Member Poll: U.S. Regulatory Reforms July 2009 Executive Summary 55 percent of members think “regulatory reform” for the financial services industry should mean redesigned regulation to be more efficient and 24 percent think it should be better enforcement of existing regulation. 73 percent of members disagree (with 37 percent strongly disagreeing) that we should act quickly to reform financial markets, instead favoring a slower approach to address changes in a more comprehensive manner. 42 percent of members agree (and 58 percent disagree) that the Federal Reserve should serve in the primary prudential regulatory role. 48 percent feel a council of regulators, including the Federal Reserve, should be established to monitor systemic risk and 26 percent feel the Federal Reserve should be given sole power. 69 percent of respondents agree that hedge funds should be required to register and provide public information about investments and 60 percent agree that private equity funds be required to do so. The majority agree that all financial advisers should be held to a single fiduciary standard of care (80 percent agree in total, with 38 percent strongly agreeing). 59 percent believe that the SEC should continue to oversee registered investment advisers, while 24 percent believe a self-regulatory organization such as Finra or a newly created SRO should oversee RIAs. Nearly 70 percent of members responding think existing regulators (e.g., SEC, CFTC, etc.) should be combined and reorganized into a single functional agency with updated divisions covering all current areas and areas where gaps exist. Similarly, the same proportion of members (69 percent) think banking regulators (Office of the Comptroller of Currency, Office of Thrift Supervision, the FDIC, Federal Reserve, state regulators, etc.) should be combined and reorganized into a single functional bank regulator with updated divisions covering all current areas and areas where gaps exist. 54 percent think the SEC should have primary responsibility for the oversight of investor protection, 21 percent think a new, separate consumer protection agency should have primary responsibility, and 13 percent think the Federal Trade Commission should have primary responsibility. The purpose of this poll was to obtain CFA Institute member feedback about various elements of regulatory reform currently being proposed by the U.S. government to be incorporated into a report from the Investors’ Working Group, an independent panel formed to recommend ways to improve the regulation of the U.S. financial markets from the investor's point of view, which is scheduled to be released this July. The survey was e-mailed to a random sample of 24,967 CFA Institute members in the United States with a valid e-mail address on 30 June 2009, and the survey closed on 7 July. The survey questionnaire consisted of ten questions. 1,837 members responded to the survey, for an overall response rate of 7.4 percent. The confidence interval is ±2.3 percent at the 95 percent confidence level. Margin of error varies by question as the number responding to each question varies. No opinion responses have been excluded from the findings presented below. Results In your opinion, what should “regulatory reform” for the financial services Count Column % industry mean? More regulation in the financial services industry 254 14% Less regulation in the financial services industry 69 4% Re-designed regulation to be more efficient 1,002 55% Better enforcement of existing regulation 435 24% Other 75 4% Sample Size 1,835 “Other” responses include: # 2 and # 4 #1, #3 and #4 in combination (they are not mutually exclusive) a combination of more and better regulation. I believe that those institutions that elect to go for size(i.e. too big to fail), should have stricter capital requirements. In the event of potential failure, those institutions should be saved. Institutions A combination of re-designed and better enforcement all above except less all of the above depending upon the specific issue Bank regulators should use existing authority to require much higher equity capital levels at banks that take FDIC-insured deposits, particularly when such banks take on exposure to highly-levered counterparties such as AIG, BS, LB, etc. Each bank should better & more efficient better and more stringent enforcement Better enforcement of existing AND more regulation--especially regarding derivatives Better enforcement of existing regulation better enforcement, better transparency and significant regulation of CDS Better qualified regulators Both better enforcement and new regulations for poorly covered areas both better re-designed regulation and better enforcement, plus investment finance education standards for K-12 schools Both Re-designed for efficiency and Better Enforcement Capital standards for lending or securitizing institutions. Choice 1, 3 and 4 Cleaning up corruption in the Democratic Party combination of 1,3, 4 Combination of more efficient regulation and better enforcement of existing regulation combination of re-design (e.g.: re-enact Glass-Steagall) & better enforcement of existing regulations complete transparency in all derivate products Consistent regulation that treats all financial advisors as fiduciaries with bright line definitions. Tighter scrutiny on the largest institutions. criminal fraud prosecutions efficient and enforced regulation expand regulation on hedge funds, derivatives, short selling, structured products and spe's free markets, with no too big to fail. Get political influences out of the financial services industry. They caused the crisis. Give John Bogle, Warren Buffet, and Paul Volker the power to design the regulatory reforms and the means of enforcing them, and possibly, just possibly, we might make it another fifty plus years before greed overwhelms good sense, and morality is set aside Higher capital ratios (less leverage); fix compensation structure; regulate derivatives; break up too big to fail institutions hold politicians accountable for their role in what happened. I think more enforcement is necessary in areas where transparency is limited (ie. hedge funds and other opaque investment vehicles) I think you need a combination of option three and four I would endorse both the re-design of regulation for greater efficiency and better enforcement of existing regulation...the SEC is a perfect example of a Commission not stepping forward to limit extreme activities. Improve Transparency In short, less but better regulation. There has been a lot of talk about what caused the crisis. There has been a lot of talk about what we should do about the crisis. But there hasn’t been much talk about what could have prevented the crisis. Did this cri less government intervention More and more efficient regulation and better enforcement more effective regulatory process and control mechanisms that are resistant to political influence/bias and clearly identify magnitude of risk in the system More focused on too big to fail and other. Two classes of regulated institutions More meaningful regulation, that is efficient in its implementation and enforceable. More political interference in the markets that will only hasten the collapse of the US financial system. More regulation of derivatives!!! More regulation on overseeing government entities that are partly responsible for enacting legislation and agencies lack of intelligence of enforcing CURRENT laws. More regulation. It must reflect and recognize the tremendous risk to the system large financial firms have. It must be more consistent and transparent, i.e. regulate credit default swaps as an insurance contract. It must include the resources more transparency More transparency and efficiency - less complex accounting (less chances of creating loopholes) more transparency and much stronger anti-fraud regulation needed More, re designed, and better enforcement. a triple play need both more and re-designed New regulation where necessary; better enforcement of existing regulation No Regulation Re-design to be both more effective and efficient. Re-Designed & Better Enforcement Re-designed + better enforcement Re-designed and better enforcement. Re-designed and enforced. Don’t put rules on book you have no intention of enforcing, a la Madoff. The SEC should be disbanded it is a bad brand name. Re-designed regulation to be more efficient AND MORE EFFECTIVE re-designed, updated regulation and better enforced w/funding provided for adequate enforcement regulate hedge funds Regulating the LENDING institutions and repealing the Federal Reserve Act of 1913 and abolishing the Fractional Reserve banking practice Remove political influence Remove politics Remove rating agency monopoly Rephrase regulation guidelines to become a principle, with implementation as needed. Key point-nothing is exempt even if it is a new product in the future. Selected improvements (but not overall more) e.g., financial planners and broker/dealers held to the same fiduciary standard Statements of Conduct Stop naked short selling Stronger capital rules but less regulation The options given are too narrow and do not allow for alternative views on the meaning “regulatory reform” to be represented. The SEC is too close to the industry There are areas that need more regulation. There is a need for better enforcement. There is a need for redesign to be more efficient (e.g. state regulation of insurance) William Pool's suggestion of a CDS exchange sounds resonable: "The Way Forward," Cato Journal, http://www.cato.org/pubs/journal/cj29n1/cj29n1-15.pdf There is a debate within Congress about whether to act quickly to reform Count Column % financial markets—taking advantage of the crisis for needed reform—or to take a slower approach to address changes in a more comprehensive manner. To what extent do you agree or disagree that we need to act quickly vs. a go-slow approach to regulatory reform? Strongly agree 135 8% Agree 338 19% Disagree 654 37% Strongly disagree 648 37% Sample Size 1,775 To what extent do you agree or disagree that the Federal Reserve should serve in Count Column % the primary prudential regulatory role (e.g., the sole lead regulator over all financial services similar to the UK’s Financial Services Authority model)? Strongly agree 175 11% Agree 520 32% Disagree 522 32% Strongly disagree 421 26% Sample Size 1,638 Who should be responsible for monitoring systemic risk throughout the United Count Column % States financial system? A new, independent body to track and model systemic risk. 251 15% The Federal Reserve should be given sole power to monitor systemic risk. 429 26% A council of regulators, including the Federal Reserve, should be established to 781 48% monitor systemic risk. Other 177 11% Sample Size 1,638 “Other” responses include: "Systemic risk" is a red herring. Enforce the laws, and ALLOW FIRM FAILURES! A council of regulators and industry professionals should be established. A council of regulators with full transparency to the public. A new FSA-like agency A new independent body with representation from the Fed. A privately created committee A professional society of certified individuals bound by a set of standards of practice (analogous to CFA's and actuaries, etc.)... supplemented by a council of regulators all derivative instruments should be traded on listed exchanges to ensure full and adequate disclosure as to their valuations(use a black scholes based model for valuations Allow the free market's creative destruction process to function. An existing regulatory body, with expanded powers. An independent body charged with assessing risk and EMPOWERED to take the steps necessary to mitigate risk. This body will need funding. Any of above could work As above, I think a group primarily run through the FDIC is a better option, of which the FED could be a part of Attempting to monitor systemic risk is pointless and naive. Bank regulators Boards of Directors break up the too-big-to-fail = eliminate systemic risk Comptroller of the Currency Controller of the Currency Council, ex Fed Dept. of the Treasury Don't care, as long as they understand the nature of risk! Existing agencies need to talk/coordinate with each other to avoid confusion/overlap FDIC FDIC FDIC Fed should be the primary regulator, but require public companies to present better and greater disclosure such that shareholders (analysts) can make judgments. Federal Reserve is the only systemic risk......who is going to monitor the monitors...? financial firms FINRA Firms that engage in the risk should be responsible for monitoring themselves First define systematic risk free capital markets. Allow failing companies to FAIL Free markets should be allowed to adjust Free markets should prevail. Let the market decide the presence and level of systemic risk. Free Markets!!!!!!!!!! free markets/no bail-outs/no moral hazard GAO get govt out period global oversight needed Have you read Taleb? There is no way to "monitor" systemic risk and efforts to regulate it away are fruitless. I don't think modeling systemic risk is even possible. I think the best solution is to manage risk at the individual firm level and to limit the size of all financial firms so that none are too big to fail. I think the loose monetary policy of the Federal Reserve combined with Fractional Reserve Banking / Capital Requirements create the systemic risk to the system. Eliminate those aspects of our financial system and you will reduce the systemic risks to the I'm not convinced we need a "body" to regulate system-wide risk. individual participants Individuals that take the risk. It is called Personal Responsibility. We need a little bit more of people taking upon themselves the ability to have personal responsibility in their lives. Government only hurts people, look at the current environment.. Institutions should be required to hold some sort of capital insurance whereby the insurers will have a vested interest in protecting against systemic risk. Investors Investors can build or buy such systemic risk monitoring services Investors: buyer beware involve the private sector is more bureaucracy the answer? you can create 10 new committees and it won't matter if they're asleep at the wheel. mo' politicians, mo' problems it can't be done It depends on how systemic risk is defined and measured. Risk taking has been an integral positive part of our economy and it should not be discouraged. It should be the SEC as in "Securities and Exchange Commission"! It takes a thief. Maybe Madoff? It was obvious that Al Greenspan did not have a clue. He had the authority and he should have not a better job of monitoring the bank and their loan practices. In my opinion the Federal reserve had the authority, but chose to sit on the side line. Just mandate low leverage & there will be no systematic risk Large institutions should be broken up to reduce likelihood of system risk. Left to free market Let the cards fall Let the market rule. Let the markets figure it out let the markets work make sure financial institutions have enough skin in the game to monitor themselves properly Management/BOD market participants, fully at risk! Markets, Stop interventions that lead to systemic risk. By that I mean do not have a volatile money supply and eliminate agencies such as Fannie Mae that are designed to interfere in the capital markets Me Merge the SEC and the CFTC; merge banking regulators; create size limits on entities through reserve requirements, etc., let entities compete. Merge congressional committees with oversight over SEC, CFTC, banking regulators also. Presidents Working Group More specifics needed. More transparency is needed need an overhaul. create something that makes sense New agency for comprehensive regulation; dismantle most of the old ones No Federal monitoring needed. No institution should pose systemic risk; if it does it needs to be dismantled. No more government control is needed. No need for a systemic risk monitor No one No one no one No one no one No one no one no one No one No one No one No one No one - it can't be done No one - not the government's job to control the economy no one -- the market itself should decide no one -- who has shown the knowledge to do this in the past??? No one should -- let markets decide no one, monitoring will be politicized No one. No one. Can't we read a newspaper? No one...if other regulation are properly enforced, systemic risk should not become a problem. No one; should be monitored independently No organization should monitor systemic risk. no systemic regulator nobody Nobody Nobody nobody Nobody Nobody NOBODY nobody - i.e. the market itself Nobody is that smart. Let the market work. Nobody! nobody, let the market decide on risk/reward. none None none none None - I think this is terrible idea. None Needed None, the "system" is too big and adapts too quickly No one-free market forever Not needed Not required. One agency - the Fed or other agency Please see my detailed response to Question #3. President and Cabinet are responsible private industry private sector private sector Qualified experienced professionals Same as question one. SEC SEC sec SEC SEC SEC SEC SEC SEC with better enforcement SEC, Fed Etc to do their job Securities Exchange Commission see previous answer should be with SEC Should be within current framework where regulator is actively talking with short sellers. Private sector always spies these before regulators do. Sole power to no single authority Systemic risk is a given. Cannot be regulated. Systemic risk is by definition the sum of specific risks that should already have oversight Systemic risk is overblown Systemic risk will always be around with a fiat currency system and that's okay, risk is risk no matter where it comes from...boom and busts happen...we will boom again...please do not allow emotional regulation. the banks themselves the fed primarily, but with input of the FDIC and US Treasury the free market the market The Market the market the market participants The only risk that should be monitored is the risk being taken by Congress, the White House, the Treasury and the rest of Washington, which created this whole mess in the first place. The risk holders The system needs to be comprised of many small players and not few big players such as now. This will make it more robust without a 'too big to fail' players. There is no need for a systematic risk monitor There ought not be a "systemic risk" regulator. The concept exists only in CAPM make believe. They'll all miss it next time too! This is NOT the proper function of government. This is too much for any one entity. There should be several entities responsible for monitoring systemic risk, probably divided up by the different sectors of the capital markets. Eg, one for credit, one for rates, one for FX, one for equities, etc...s This question pre-supposes that systemic risk can be forecast Those taking the risk This is an impossible task too big to fail banks need to be made smaller; the banking system should not be so vulnerable; freeze and wind down OTC derivatives Treasury Treasury Treasury Treasury Department Treasury Dept. US Treasury Department we don't need that What does monitoring provide without backup authority to correct buses? Do you agree or disagree that hedge funds should be required to register and provide public information about investments? Count Column % Agree Disagree 1,172 520 Sample Size Do you agree or disagree that private equity funds should be required to register and provide public information about investments? Agree Disagree Count Column % 988 670 Sample Size 69% 31% 1,692 60% 40% 1,658 The Administration proposes that all "financial advisers" (professionals Count Column % providing financial advice, including broker/dealers, investment advisers and other financial planners) be held to a single fiduciary standard of care. To what extent do you agree or disagree with this proposal? Strongly agree 669 38% Agree 727 42% Disagree 227 13% Strongly disagree 115 7% Sample Size 1,738 Do you believe that a self-regulatory organization, such as Finra or a newly Count Column % created SRO, should oversee registered investment advisers, or should they continue to operate under the oversight of the Securities and Exchange Commission? Alternatively, should Congress adopt some other option? Finra 336 19% New SRO 279 16% SEC 1,065 59% Some other option 120 7% Sample Size 1,800 “Other” options include: A combination of two organizations A new FSA-like agency abolish FINRA Again, there should be regulation, but by a government created entity? No. That is why Madoff got away with what he did. The SEC did not have intelligent people with market experience investigating the fraud. Create a private institution that compromises Again, to me, it doesn't really matter who: Finra, SEC or new agency, it only matters if it's clear who's overseeing what All under ONE new regulator Any agency that sets appropriate standards and vigorously enforces compliance. Any other existing like federal reserve organization Anything but Finra. New SRO. SEC. Some other option. bad question CFA Institute CFA Institute CFAI CFP Board or CFA Institute - Not FINRA! Combination of SRO and Government Agency combine all under 1 entity Combine entities Combined regulator structure combined sro Congress should create a new oversight body and common people and also sophisticated investors should have someone on the panel. Consolidate SEC/CFTC Consolidate w/ BDs, insurance, banking, etc. Definitely not an SRO or Finra. These groups gravitate toward self serving behavior. Of the options presented the SEC is the best. However it could fall under the jurisdiction of a new entity charged with managing systemic risk. doesn't matter; reg agencies always get inept bottom of barrel don't know yet but something that will work don't know. SEC does a shitty job at regulation. Why should some other organization do a better job? eliminate oversight, but strongly prosecute fraud Fed Fed - my trust in the SEC is gone Finra and SEC are big joke. Finra and SEC are useless Finra? SRO? Following the fiasco that the SEC was involved in with Bernard Madoff, I believe the organization has been entirely eviscerated. While the CFTC has not met such a fate, I believe the US Financial Regulatory environment is too complicated. These organizations FSA-like regulatory -the SEC has failed get out of the market's way Governmental regulators as well as "self-regulatory" agencies are all eventually compromised by the businesses they regulate. We have lost the ability to tell right from wrong; we are taught that every ethic is merely relative. Since all lawmakers can b Gov’t organization with practitioners more qualified than current than SEC staff. hands off i don't think it's necessarily who has oversight, but how well/effectively they perform their duties. right now it doesn't seem like there are a lot of resources dedicated to rooting out malfeasance (and maybe the cost/benefit doesn't justify it). I'm open to ideas Independent Non-Affiliated Body of Subject Matter Specialists Independent regulatory body. SEC has failed and self-regulation is a myth. Industry self regulation does not work - Completely new organization is needed. Isn't self-regulatory a contradiction in terms???? It needs to be something with some teeth that holds financial advisors accountable for their advice and practices. i feel financial advisors are poorly supervised under the current system. It seems focus is lost and nuances in the marketplace go unnoticed unless someone is closer to the situation. Self regulation should work BUT abusers have led us to need government regulation. Leave oversight as is Me Modify the current regulatory standards within the SEC more independence and focus on consumer protection over investment advisor is needed for focus New and improved SEC new separate govt agency newly reorganised SEC that is effective in monitoring NFA should oversee No Federal oversight needed. No need to regulate private transactions. Only regulate the lending institutions. Split the banks in 'risk taking' and 'safe custodians of checking & saving accounts' no new regulation is needed No regulation should be required. On a similar note, failure means no government bailouts Not clear until details known Not sure what should be done One government regulator should regulate all financial institutions including registered investment advisors. Please see my detailed response to Question #3. Reorganized SEC Representation by all agencies with a transparent control and accountability processes Revised SEC RIA are regulated by the SEC. I am not sure if there is a problem with the RIA. Maybe the SEC should do a better job in the enforcement department. SEC actually DOING oversight SEC but SEC should be equipped with people who are well versed in the financial services industry and know what they are doing SEC but they should have a standard which includes NO CONFLICTS OF INTEREST SEC combined with the Fed SEC is a worthless bunch of lawyers. Need new body versed in financial industry, SEC should become more proactive and hire people that are financially literate. SEC w/ actual enforcement SEC with Markopolis solution See question one. Self-regulatory organizations are not a reliable part of the solution. single regulator for all Single, Fed Reserve, oversight Something that actually WORKS! State reg if AUM <$50M; Fed (SEC) reg if AUM >$50M; prosecute those who break the law. States the Fed There should be a single financial regulatory entity for all financial entities. There shouldn't be too many regulators in the financial markets. Just one or few efficient one(s). They just need to do their jobs this industry should not be self regulated. in a related matter, see bernie madoff. under a consolidated financial risk governance agency, similar in construct as the Fed governor structure Well the SEC, but they actually need to enforce the regs that exist. What is SRO? Who is less important than What. Why should we trust the government to regulate anyone? They're all susceptible to self dealing. You should regulate yourself. That's it. Would say SEC but only if it is given resources to do the job Some regulatory reform plans call for the consolidation of existing regulators. Count Column % What should happen with the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC), and other functional regulators overseeing securities and industry practitioners? These agencies should be kept separate and provided more resources for oversight 449 27% and enforcement. The agencies should be combined and reorganized into a single functional agency 1,166 69% with update divisions covering all current areas and areas where gaps exist (e.g., over-the-counter derivatives market). Other 74 4% Sample Size 1,689 “Other” responses include: Agencies should be abolished Agencies should remain focused; therefore separate. However, this does not mean they cannot work together and share information. Some "Holdco" could be established to force more open communication amongst the different bodies. Agencies that did their jobs should get more resources; agencies that did not should be revamped All derivatives should be exchange traded As is as is. Choice above are loaded Close the SEC combination of one and two. SEC is already unwieldy; being bigger is not going to be better. Combine regulators. OTC derivatives can be controlled through higher equity capital requirements for banks that take deposits with FDIC insurance. Combine SEC & CFTC Combined regulator for banks and financial institutions. Separate regulator for markets and exchanges. consolidate the 10 or so regulatory agencies into 1 consolidated financial risk governance agency, separate from Fed but similar in construct, with a high degree of independence, with limited authority of all traded financial instruments including government sponsored issuers (FNMA). Check power on certain Disband the SEC disband them all dis-banded Do nothing Eliminate them Eliminate them and aggressively prosecute fraud such as the DTCC's failure to ensure settlement Get rid of both agencies Good luck. I see no need to expand regulation of OTC derivatives; nor more resources Imprisoned Keep separate but put under the Fed to have Fed powers. Keep separate, increase budget for education, not enforcement. keep separate, no more funding Keep the agencies separate, but focus their efforts on enforcement. Add'l resources (i.e. more dollars) will not fix the problem, but a focused approach can. Keep them separate but with no net increase in resources. keep them separate - increase their budgets - and get some educated folk in each (Specifically SEC) Keep them, but limit their authority to compliance (not policy, or rulemaking) Kept separate but the gaps between agencies needs to be closed so we don't have another AIG Less resources let mkt sort out, not bureaucrats like #2 but need the resources suggested in #1 mix of approaches more resources needed - more independence to pursue Musical chairs. Rules create gaps. No getting around it. These ideas are the swan song of US financial services. Need a working group led by CFA Institute/CFA charterholders to work through a solution Need to do a better job with same resources. No change No Federal regulators needed. none Nothing should change except the people in charge Operate as separate entities but collaborate and organize efforts via a supervisory panel comprised of representatives from each agency Organization should be reduced in size Private contracts should be excluded from systemic risk management. probably doesn't matter if you consolidate or increase the number of agencies. Leviathan is pretty much out of control. Rework as part of a comprehensive integrated strategy scrap regulatory laws SEC has too many lawyers in control. Give substantial control to Economists, not lawyers (like the Federal Reserve). SEC should be abolished SEC should be abolished and replaced with a new self regulating entity SEC should close See question one. Separate, each more focused on enforcement but without significantly more resources Separate but not necessarily more resources. Silly choices in the question. Keep them separate but no more resources!! Efficiency and effectiveness need to prevail as organizational priorities. Some increase, but more enforcement of policies. To short something, you must have secured the security, therefore the people lending will be paid for their services, and fictional shares can't move markets. The agencies should remain separate but share information openly. The entities should remain separate but have adequate resources already. The size and influence of these agencies should be gradually reduced. There should be separate agencies for the different types of financial service providers. These agencies are at best ineffective and should be disbanded and not replaced. These agencies should be disbanded and the best of their people can go find jobs in private industry working for third party service providers. Of course, the worst of their workers would have to get reassigned, as construction workers. These agencies failed to do their jobs and hurt Americans and the United States standing in the world as a world economic power. They should be disbanded. Their senior management should stand trial for their egregious failures and cronyism (like their loo These regulators should be kept separate, but reorganize to be more efficient. They have sufficient resources; they need to be held accountable by Congress and made transparent to those they are regulating They need to be fully reorganized as the current structure is completely ineffective. They should be able to do a better job with the resources they have. They should be left alone and provided with resources to provide education to their employees They should operate independently but be grouped together similar to the nation's intelligence agencies after 9/11. The main impetus behind this structure would be to promote communication and cooperation. Why give them more money for the next crisis when they couldn't manage this one? Would prefer combined but also believe the CFTC and SEC should be overseen by the same gov't committees (i.e., what the hell is the Agriculture still doing monitoring the CFTC) How should Congress banking regulation involve the Office of the Comptroller of Count Column % Currency, Office of Thrift Supervision, the These agencies should be kept separate and provided more resources for oversight 393 25% and enforcement. The agencies should be combined and reorganized into a single functional bank 1,090 69% regulator with updated divisions covering all current areas and areas where gaps exist (e.g., confused oversight of bank holding companies). Other 106 7% Sample Size 1,589 “Other” responses include: Abolish them A combination of the first two options--roles need to be clearly established and defined but all oversight vested within one agency is not effective in the long run (political forces ultimately leads to "regulatory capture" A board comprised of representative from each of these agencies should be established to ensure communication between them regarding similar regulatory offenses. Again good luck. Get them to stop the terrible things that they currently do in the first place. They are all too political. The task has become hopeless. Agencies should be abolished Agencies that did their jobs should get more resources; agencies that did not should be revamped as is by keeping their hands off them C'mon, question far too broad and response choices too narrow. Combine all except the Fed. combine but not all into 1 combine except for the fed Combine federal regulators except for Fed which should remain separate Combine OCC &OTS. FDIC is a coop insurance co., should be separate. Fed is in charge of monetary policy, should not have expanded reg role. combine several but not into one Combine the federal agencies; limit overlap between state and federal Combine the OCC and the OTS Combine them all with the exception of the fed. let the fed worry about inflation. i feel like the fed has way too much power as is. Combine w/ Fed as overseer Combined and streamlined compliance only - no policy or rulemaking disband them all dis-banded Dislike loaded choices above Don't make it worse. Do nothing. Eliminate them Eliminate them Eliminate them and subject wrong doing to aggressive prosecution Eliminate these Federal agencies. Enforce the laws, as they exist. Then we'll talk about changes. FDIC should have lead role Federal Reserve separate but combine the rest. Federal Reserve should remain separate; others combined. State regulation should be left up to the states. fire all the employees of these agencies... get rid of them altogether. Fraudulent banks will lose customers and their assets will get sold to better enterprises. hard to say as the regulatory boundaries are unclear now I believe at the federal level, banking regulation could be consolidated under the Fed and FDIC. Certain small and specialized banks could still operate under state regulation with some FDIC oversight for deposit insurance purposes. I think the Federal Reserve should be stripped of all regulatory functions, and all banking regulation should be consolidated under one entity. I would think that the Fed should continue as a separate entity, a should the FDIC. However, the state regulators, the Comptroller of the Currency and Office of Thrift Supervision might be well-placed in a new combined agency...in that they enforce the s I'm open for more ideas. Possibly a two-tiered system with one highly regulated and federally insured and the second tier also regulated but not insured and an explicit guarantee that they aren't covered. No Goldman's or Bear Stearns that are allowed lo introduce incentive pay for good enforcement to these regulators so that they've not behaving like unions punching time sheets It is Congressional, and the listed answers do not address the question -- the answers are the same as question 8. Congress should set the framework and get out of the way, and the current regulatory structure should work if funded and actually enforced. It may Keep Federal Reserve separate but combine other regulators into a few. Keep separate / resources now adequate keep separate, no more funding Keep them separate but with no net increase in resources. kept separate but without more resources; (you are loading the question here) like #2 but need the resources suggested in #1 lose the thrift charter model altogether and OTS merge occ and ots only Merge OCC, OTS and FDIC. Keep Fed separate. Get rid of many state regulators. Merge OTC and OCC, leave others as are... merge OTS & OCC into FDIC, keep Fed separate mixed approach Need to be reorganized, but consolidation of power will lead to longer-term problems Need to do a better job with same resources. Need to respect certain rights of States to regulate banks within States No bailouts should be made, all deposit insurance functions fully privatized…no increase in regulatory budgets, entities, or laws. No change none OCC and OTC should be consolidated; the others should stay separate OCC and OTS should merge OCC, OTS, and state regulators should be combined OTC is a piece of crap, consolidate with something. State regulation seems like a fractious disaster, get ride of them too. The rest just need to be staffed with people capable of enforcing their duties. Oversight should be transferred to one of these agencies and duplicate functions at others abolished; the system is far too complex and cumbersome at present Perhaps a little thoughtful consolidation is in order. Put on an island Rework as part of a comprehensive integrated strategy roll OCC and OTC into FDIC same answer as 8 scrap regulatory laws see above #8 given lack of faith in the current structure. see above re consolidation See question one. self regulated Separate into 3 functions: regulation, insurance and monetary policy. Use the proposed council to monitor systemic risk comprised of principals of these 3 functions. Separate but not necessarily more resources some combined some combined for more efficiency, but some separate for separate needs Some combined some separate some consolidation, but not a singular entity SOME of these agencies should be combined, but not all. E.g., the OTS and FDIC should be combined. Some reorganization but separation is needed--lest it become too heavy-handed, too selfimportant/perpetuating--and "too big to fail" some should be combined some should combined, perhaps not all Status quo Status quo The Federal Reserve CAUSED the crisis. Its powers need to be reduced to the max and its privilege of printing money needs to be revoked. Its secrecy needs to unveiled and its currently private shareholders disclosed. The Federal Reserve should remain independent but the other Federal agencies can be combined and should work closely with the states to make sure state by state guidelines and enforcement are consistent. State resources should be used to supplement Fed The FRB must remain independent and unencumbered by the minutiae of the other agencies listed The OTS should certainly be eliminated. Bankers have picking the taxpayers pocket for years by bulling OTS regulators. There should be one banking regulatory for all banks including holding companies, foreign branches and subsidiaries. This single institution The regulators need to be combined for coordinated effect. The Fed needs to remain independent and focus on monetary policy. The size and influence of these regulators should be gradually reduced. There might be areas of consolidation of responsibilities and authorities but not the agencies themselves. There should be no national regulation of banks, get rid of FDIC, OCC, Fed and OTS These agencies are at best ineffective and should be disbanded and not replaced. These agencies other than the Fed should be shuttered and the best of the employees hired to work in one agency that regulates banks. There is too much overlap and too much expense with so many agencies. These agencies should be kept separate but sharing of information should be provided. They should all be dismantled, especially the FDIC. Complete incompetence! They should be consolidated as regards the large banks and bank-like entities (to be regulated by the Fed), with a separate consolidated entity overseeing all other banks We should go back to an earlier methind of banking where none was too big to fail. Let the States regulate their own state chartered banks. The Comptroller should regulate the national a, regional and big banks with stringent penalties against errant Why give them more money for the next crisis when they couldn't manage this one? With careful respect for federalism principles and the risk of capital flight. you need to get rid of the OTS, they have cost the system billions of dollars with their reticence of closing their constituents. the FDIC should remain independent, we are funded by the banks. we should continue as insurer and have authority to examine Who should have primary responsibility for the oversight of investor Mentions % Sample Size (consumer) protection? Select all that apply. The SEC 981 54% The Federal Trade Commission 247 13% The Office of the Comptroller of the Currency 81 4% A new, separate consumer protection agency 391 21% Other 132 7% Don't know/No opinion 266 15% Sample Size 1,831 “Other” responses include: A combined entity A consumer protection subdivision of a single FSA-like entity. A new agency, with competitive private sector-like salaries with compensation-linked peformance. a new consolidated regulator Again something that will work most current organizations haven't worked. all t he above and the FDIC share responsibility An entity that is not funded by the industry it is charged with monitoring. The entity must be Empowered to take appropriate action. an entity with non-politically appointed leadership buyer beware Caveat emptor caveat emptor, the free market CFP Board of Standards CFTC combined agency Combined and hopefully leaner agency to avoid overlap and confusion combined regulator Committee of responsible private investment organizations from all disciplines Consumers consumers should be protected based on the activity they are engaging consumers themselves should be responsible Dept. of Education! Does oversight include the power to require mandatory measures of correction action? Each Consumer Existing Structure Expanded resources required and political will to carry out mission FDIC FDIC and the OCC Federal Reserve Federal Reserve finra FTC I do not like the choices, but am stuck as to defining an alternative I think what we learned is that many of the organization failed to do their job. I am in favor of destroying the old organization and creating new organization. Fire everyone If the SEC does its job in regulating the brokerage firms there is no need for an investor protection agency. If we had a banking system that was subject to free market discipline, we wouldn't need so much regulation I'm not sure which, but there shouldn't be too many regulators. Just one or few efficient one(s). In theory, all of the agencies identified in the questions above ought to view consumers as their ultimate "customer." In practice this seems to work less than ideally. Nevertheless, I'm concerned about a separate consumer-focused agency that possibly con individual state agencies individuals themselves Investor & consumer are not synonymous. Investors need to realize they can lose money. Calling an investor a consumer can lead to an entitlement mentality. investor and consumer protection? Two very different things. Who came up with this survey? It's full of bias. investors Investors Investors don't need one. Investors' own prudence. Investors should protect themselves with the help of voluntary organizations like Morningstar. Investors. With consistent education. Left to free market Me More thought needs to go into the pros and cons of various structures. We need to evolve our regulatory framework to match the sophistication and pace of the current market environment. Full and fair disclosure and protection of the integrity of the fin Multi-layered (i.e. providing education, information access, proactive communications, advocacy New and improved SEC new combined bank regulator new combined financial market regulator New SRO (see question 7). No clue no group should be created No one No one No one. The consumer should take responsibility for his own protections. No separate agency is required. Current agencies need to do their jobs. nobody - stay out of the free market Nobody. none none none None necessary None of the above None, let the buyer beware. Not necessary Not sure, but don't create any new agencies One macro agency that encompasses banking, investment regulation ONE NEW Regulator perhaps if they were combined there would be no gapsy Personal responsibility and financial literacy should be the cornerstone of any regulatory reform. Political gimmick President's Working Group on Financial Markets Professional Investors do no need protection and know enough to assess and evaluate their own risk. Only the Joe and Jane need protection by a separate consumer protection agency. same as financial risk oversight body mentioned above same combined agency that is overseeing banking / lending regulation SEC for securities firms that are not part of a banking company; OCC and other primary bank regulators for entities that are banks or affiliates of banks. SEC should become an agency within FTC. SEC w/enforcement See #8 See question one. Self-governance: personal responsibility and freedom!!!! should align with safety and soundness regulators Single Federal Reserve oversight SIPC Someone needs to rethink and reshape the SEC, add some teeth. state attorney general States States only The aforementioned new regulatory bodies and present protections are more than enough to protect consumers. The combined SEC,CFTC, etc. the consumer The Consumer The consumer - how 'bout a little personal responsibility? The consumer himself! The consumer should be responsible for themselves The consumer!!!!! The FED The individual consumer The individual investor himself. the individual investor should watch out for himself - buyer beware. the investor The investor the investor THE INVESTOR The investor the investor the investor (consumer); "caveat emptor" the investor himself THE INVESTOR!!!! How silly is that question. Give me a break! the investor(consumer) The investor; caveat emptor The investors themselves The Invisible Hand The market and strong fraud prosecution. Financial firms should not be bailed out which has created moral hazard. A public audit of DTCC failed to delivers should be conducted and this massive fraud stopped The new combined regulatory agency. The same regulator that oversees financial institutions There are already too m many agencies set up for supposed consumer protection - enough already - no more agencies needed - existing agencies need to do far better job of requiring transparency and antifraud prosecution There should be a consumer protection agency that provides audits of investment products and on going due-dligence. SEC does not have that mandate and is called in only by whistleblowers, and even at that point, they do very little to audit or enforce. There should be no consume protection oversight This should be left to private organizations and individual investors. Tort action in civil courts. If fraud is committed the injured party sues. We need all agencies to enforce the regs that exist and pursue and prosecute with real diligence. we should all be more self reliant Whatever agency it is has to be at the top of the pecking order of regulators as this is the point of all regulation.
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