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Wall Street Reform: Recap of Major Provisions
Recap of the Major Provisions

On Wednesday, July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. The law is aimed at curtailing risky trade practices, regulating the derivatives market, and preventing shocks to the economy caused by the failure of large financial institutions.
Following are some of the key measures:
No More "Too Big to Fail" Bailouts. The federal government will now have the power to seize and liquidate failing financial firms. In addition, large financial institutions will face stricter capital, leverage, and liquidity requirements to make being too big undesirable. These firms must also have plans in place for an orderly "winding-down" of their business should they fail. The law also limits the amount of funds the FDIC can lend to a troubled firm to an amount they reasonably believe can be collected in the sale of the firm's assets.
New Consumer Protection Bureau. The bill establishes a new Consumer Protection Bureau with the task of protecting consumers from abusive practices within the financial industry. The bureau will monitor mortgages, credit cards, and other loan products.
New Financial Stability Oversight Council. This new council will be composed of regulators chaired by the Treasury Secretary. It will monitor systemic risk in the market and can order the seizure of failing banks. The Council is designed to serve as an "advanced warning system" to expose risks that might threaten the economy.
Oversight of Derivatives. The government will now have the authority to regulate over-the-counter derivative markets to curb excessive risk-taking. Derivative trades must now pass through clearing houses or swap repositories to increase market transparency and allow the government to impose capital and margin requirements on swap dealers and participants.
The "Volker" Rules. This set of rules is designed to limit big, insured banks' activities in speculative derivatives and stock investments. The rules require big banks to sell off much of their interest in hedge funds and private equity firms. The rules are created to prevent a bank's investments in non-banking, risky ventures, from causing institutional failure that could create havoc in the entire market.
Reduced Swipe Fees and interchange fees on Debit/Credit Cards. The law will curb the fees retailers are required to pay banks and credit unions on debit and credit card transactions.
Oversight of Credit Rating Agencies. The SEC will oversee rules requiring Nationally Recognized Statistical Ratings Organizations to disclose their methodologies, use of third parties for due diligence efforts, and ratings track record. Investors will now be able to bring a private action against a rating agency for a knowing or reckless failure to conduct a reasonable investigation of facts or to obtain analysis from an independent source.
Many of these rules will take years to implement, and there is divided opinion over the effectiveness of the bill. Some think the bill does not go far enough in regulating the financial industry, while others fear that the regulations will make American banks less competitive. In addition, regulators have been given significant leeway to interpret the law and set new rules. Given all this, it will be years before we will understand the full effect of this historic bill's passage.
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