The running joke is that after Dodd-Frank banks have become compliance companies that happen to make loans. It is funny...
The focus of the weekly update centered around how the Trump administration will try to ease the regulatory environment for banks and an explanation of the risk retention rule that recently went into effect; banks welcomed the executive orders signed by Trump, the regulatory burden has been high and cost of capital has continued to rise to meet the demands of Dodd-Frank; as of December 24, 2016 all asset types are required to adhere to a 5% risk retention requirement or skin in the game; this is meant to align investor interests with sponsor interests and make the securitization deal safer; PeerIQ goes into a detailed explanation and helps to provide answers to some of the questions surrounding the rule's implementation. Source
President Donald Trump has issued an executive order requiring the Treasury secretary and regulators to come up with a plan to overhaul Dodd-Frank and its over 400 regulations; the banking industry's tighter regulations have been a factor helping the success of marketplace lenders since the financial crisis and deregulation in the sector could create new challenges and increased competition for marketplace lenders; as the government begins to take deregulatory actions for traditional banks it also seems that marketplace lending has reached a phase likely to see increased regulations and involvement from regulators; these two forces along with other market factors could change the competitive landscape for the marketplace lending industry. Source
Financial reform is an uncertain topic for the fintech industry; Digiday talked with attendees at LendIt USA about their thoughts on the Trump administration's proposed regulatory reform; generally, participants reported that they believe the reform could increase interest from banks in partnering with fintech companies since deregulation gives them more flexibility for credit product expansion. Source
The US Senate's Banking Committee majority leader says a full reform of Dodd-Frank is unlikely but the Committee will seek to pass targeted reforms; the Banking Committee majority leader also sees larger regulatory changes coming mainly from the independent agencies; the outlook means the Financial Choice Act led by House Financial Services Committee Chairman Jeb Hensarling is also unlikely to be passed in the Senate; "The Choice Act is our omnibus legislation, but we will also reintroduce its component bills," says Hensarling; a previous executive order from President Trump which halts new federal regulations or requires regulators to repeal two rules for every new one issued is also slowing the regulatory process. Source
President Trump is set to sign two executive actions on Friday that take aim at reversing the new financial regulations that were put in place as a result of the 2008 financial crisis; the executive actions will give the labor secretary power to rescind the fiduciary rule and ask the Treasury secretary and regulators to come up with a plan to replace Dodd-Frank; the fiduciary rule was set to go into effect in April and was meant to ensure advisors had their client's best interests at heart; Dodd-Frank was passed in 2010 and began implementation in 2012; the law was meant to limit the chance of another financial crisis like we saw in 2008; uncertainty exists with what will end up happening, but signals show that the fiduciary rule will be struck down and Dodd-Frank will be replaced. Source
Congressman Patrick McHenry and Congressman Jeb Hensarling have both released comments supporting President Donald Trump's executive order on Dodd-Frank; the executive order on Dodd-Frank signed on Friday outlines core principles for regulating the United States financial system and asks the Treasury secretary and regulators to come up with a plan for replacing Dodd-Frank; Congressman Jeb Hensarling has proposed the Financial Choice Act to overhaul Dodd-Frank; if new policies are enacted it would ease lending requirements for banks making credit more available for consumers and small businesses from mainstream financial institutions. Source
The current market perspective is that banks aren't lending because of regulatory constraints; President Donald Trump even says that many of his friends in the business world would like to borrow money but can't because of regulatory restrictions; while market statistics show that banks are lending and have been doing so at an increasingly higher rate, it is true that there are constraints; however insight from the New York Times suggests that efforts to deregulate could be futile and that with lower capital requirements banks would instead prefer to use capital for increasing dividends and stock buybacks. Source
The House Financial Services Committee has scheduled a hearing for March 28 with a panel of banking executives to gain greater insight into how Dodd-Frank has affected lending in the banking industry; the House Financial Services Committee works within the House of Representatives and is the main group governing regulation of the financial services industry; the hearing will help to gain insight into the effects on bank lending from Dodd-Frank which will help in directing Trump administration reform; the House Financial Services Committee is led by Jeb Hensarling who has previously reported the Financial CHOICE Act which is presented as a replacement for Dodd-Frank. Source
Representative Patrick McHenry says Dodd-Frank reform is not likely to make it to the House of Representatives until June or July; he is confident in major changes for the regulation from the House of Representatives however he foresees opposition from Senate democrats; in an interview with WSJ Pro Financial Regulation he also provided his insight on a range of regulatory aspects which could be integrated into legislation in various ways. Source
