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Countdown 2014

Will the Regulatory Screws Loosen in 2014?

WASHINGTON Bankers have almost become used to the intense growth of new rules in the five years since the financial crisis, but some see a light at the end of the tunnel as the agencies inch toward the end of Dodd-Frank rulemakings and the economy improves.

Some predict that 2014 may finally be the year when the momentum begins to shift.

"Since the financial meltdown, the pendulum has swung far, far into the favor of regulatory tightening. I believe it has swung about as far as it's going to swing," said Camden Fine, president and chief executive of the Independent Community Bankers of America. "Now I think we'll begin to see it come back toward the middle."

(For full Countdown 2014 coverage, click here.)

That view is not universal. Lawmakers are highly unlikely to repeal any significant part of Dodd-Frank, and banks continue to brace for an emphasis on consumer compliance. Even those predicting some loosening of the regulatory screws say the environment will remain tough for quite some time, or even indefinitely.

"I really don't see the regulatory environment easing up in 2014," said Julie Williams, a managing director and head of the domestic advisory practice at Promontory Financial Group, and the former chief lawyer for the Office of the Comptroller of the Currency. "What I say is there is a 'new normal.' Folks just need to get that and not be thinking that this is a temporary aberration and things will go back to the way they were pre-crisis.

"We're operating in an environment of a significantly enhanced framework of regulatory requirements. The winners are going to be the institutions that recognize that and are most effective dealing with that new framework and making their business work, not waiting for the rules to change or hoping they will go away."

But the expectation that all the primary Dodd-Frank rules will be in place by the end of next year, coupled with a sense that bankers and government policymakers have improved how they communicate with each other, is spurring hope for some in the industry that banks can start a new chapter soon.

"We hope we're seeing what seems to be, generally speaking, an end to the agenda. It had seemed like there was an endless list of new regulations coming at us. Now it's feeling more like we're getting near the bottom of the list, or we can see that there is a bottom of the list," said Wayne Abernathy, director of financial institutions policy and regulatory affairs at the American Bankers Association.

"Our hope is we can get to a point of, 'Ok, we're at the end of the list, and, like it or not, this is what the rules are,' and then we can formulate a business strategy to move forward."

Some regulators are also anticipating a transition from the heavy focus on new regulation to one based on how banks incorporate the paradigm shift into their business strategy.

"We've got to be getting pretty close to that," said Doreen Eberley, who heads the Federal Deposit Insurance Corp's division of risk management supervision. "We've worked hard to get the rulemakings done, and I think we are coming to the end of the transition period."

Eberley said the statutory reforms that followed the thrift crisis in the eighties and nineties "changed the way banks and regulators did business.

"The same thing has happened as we emerge from the recent crisis," she said. "I would call each of those phases a time of transition. The tough part is adjusting to the transition and the change. I do think we're getting settled in terms of rules that have to be enacted and implemented. Certainly, the trends in the industry are improving from a financial perspective."

By all accounts, 2013 saw a continuance of the regulatory tightening that followed the 2008 turmoil, mostly due to Dodd-Frank implementation.

The Consumer Financial Protection Bureau unveiled rules redefining mortgage underwriting which go into effect in early 2014. The bank regulators wrapped up the Volcker Rule ban on bank trading. Capital and liquidity standards were strengthened further, and agencies led by the CFPB announced a steady stream of enforcement actions and regulatory settlements.

The ramp-up will surely continue into the New Year. Some observers say the CFPB may just be hitting its stride, while regulators are expected to soon release rules dealing with big-bank capital surcharges and final supervisory changes mandated by Dodd-Frank. Regulators have also yet to finish a key rule from the law requiring securitizers to retain credit risk.

"Not all of the Dodd-Frank rules are out there yet. There is still more work to do and more regulations to be written. Obviously, most of the big ones are done, but not all," said Ellen Seidman, a former director of the Office of Thrift Supervision and now a senior fellow at the Urban Institute. "That's going to keep going."


(3) Comments



Comments (3)
The regulatory work of the past five years has made most community banks terminal and only surviving on life support. There is no coming back to the middle or hope that the implementation by the regulators will be soft because its only a matter of time until Washington gets its wish and half or more of the community banks go away giving them what they want: fewer problems and absolute control. None of this prevents the next crisis but it has and will severely impact many small towns and communities and entrepreneurs across the country. The industry needs leadership willing to fight for its life.
Posted by Rhsmith999 | Monday, December 30 2013 at 11:39AM ET
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Posted by Tmcgraw | Friday, December 27 2013 at 4:50PM ET
The Promontory Financial Group...let's see, is that the Ex Officio office of the OCC?
Posted by Tmcgraw | Friday, December 27 2013 at 4:34PM ET
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