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The Mortgage Melt-Down

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Title: The Mortgage Melt-Down


1
U.S. Financial Regulation
Online Economic Seminars www.econseminars.com
Last Update October 7, 2009
2
Part 1Depository Financial InstitutionsCommer
cial Banks
3
? Overview of Banking Regulation
Regulatory Goals and Tools ? Reserve
Requirements To ensure sufficient liquidity to
convert notes (now deposits) into
Specie (now notes), thereby
avoiding bank runs ? Capital
Requirements To ensure sufficient capital to
allow banks to survive declines in
asset prices ? Interbank Relations
Rules To ensure competition among
banks and between banks and other institutions
Rules on Mergers and New Bank
Formation Rules on Deposit
Interest Rates ? Interindustry
Relations Rules to ensure that combinations
between bank and non-bank companies do
not weaken banks ? Asset Allocation
Rules To ensure diversification
4
? Fractional Reserve Banking
5
? First Bank of the United States (1791
1811) Formation ?
Private Bank Formed By Congress With 20 Year
Term ? Advocated By Alexander
Hamilton, First Treasury Secretary
And Leading Federalist (Democrat) Under
Washington ? Opposed By
Jefferson, Madison And Most Republicans
6
? First Bank of the United States (1791
1811) Functions ? Manage
State War Debts Recently Assumed By New Federal
Government ? Establish
The Public Credit Of The U.S. ?
Provide Strong Central Currency As Alternative To
State Banks ? Act As Federal Fiscal And
Monetary Agent Receive
Federal Tax Deposits And Make Payments
Manage U.S. Mints Minting of Coin And
Purchase/Sale of Specie
? Act As Private Bank
Make Loans (Excluding Loans to Federal
Government) Issue Bank Notes
Convertible Into Specie and Legal
Tender For Federal Tax Payment
7
  • ? First Bank of the United States (1791 1811)
  • Financing The Bank
  • ? 10 Million Capitalization
  • 2 Million From U.S. Treasury
  • - 100 Borrowed From Bank
  • 8 Million From Private Sources
  • - 25 (2M) Payable In Specie
  • - 75 (6M) Payable In Treasury
    Bonds and Scrip
  • Revenue Sources
  • ? Investment And Loan Portfolio
  • ? Customs Excise Taxes
  • ? Tax On Whiskey Sales

8
  • ? First Bank of the United States
  • Opposition To First Bank, Primarily In The
    South
  • ? Agricultural States Viewed The Bank
    As
  • A Tool Of Northern Commercial
    Interests
  • A Source Of Weakened Southern
    Banks
  • A Source Of Tighter Farm
    Credit
  • An Infringement On States
    Rights
  • ? South Objected To The Excise Tax On
    Alcohol Used To
  • Finance The Banks Interest
    Payments On States Debts
  • Whiskey Was A Necessity of
    Southern Life
  • Controversy Led To Shays
    Rebellion (The Whiskey
  • Rebellion) in 1794
  • Charter Allowed To Expire In 1811 (Under
    Madison)

9
? Second Bank of the United States (1816
1836) Formation ? Private Bank
Formed By Congress With 20 Year Term ?
Advocated By The Democrats (Federalists) With
Madison, A Republican, As President
Functions ? Manage War Of 1812
Debts ? Provide Strong Central Currency
As Alternative To State Banks ? Act As
Federal Fiscal And Monetary Agent
Receive Federal Tax Deposits And Make
Payments Manage U.S. Mints
Minting of Coin And Purchase/Sale of
Specie ? Act As Private Bank
Make Loans Including Loans to
Federal Government Issue Bank
Notes Convertible Into Specie and Legal
Tender For Federal Tax Payment
10
  • ? Second Bank of the United States
  • Opposition To Bank Was Primarily In The
    South
  • ? Agricultural States Viewed The Bank
    As
  • A Tool Of Northern Commercial
    Interests
  • A Source Of Weakened Southern
    Banks
  • A Source Of Tighter Farm
    Credit
  • An Infringement On States
    Rights
  • ? In Early Years Bank Was Haunted By
    Corruption
  • Loans To Political Supporters
  • Nicholas Biddle Became
    President In 1822 And Ended
  • Corrupt Practices

11
  • ? Second Bank of the United States
  • Andrew Jackson Was Strong Opponent
  • ? Objected To Elite Central Institution
    Not Responsible To The
  • People
  • ? Attempted To End Bank In 1832 By
    Transferring Federal
  • Deposits To State Banks Congress
    Over-Ruled
  • ? Bank Became Pawn In Jackson-Clay
    Presidential Campaign
  • ? Bank Charter Allowed To Expire n 1836

12
  • ? The Free Banking Era (1836 1863)
  • State Banking
  • ? All Banks Chartered And Supervised By States
  • ? State Supervision Focused On
  • Capital Requirements
  • Bank Note Reserve Requirements (Usually
    Specie
  • Plus Eligible Paper)
  • Era Of Frequent Bank Failures
  • ? General Relaxation Of Capital And
    Reserve Requirements
  • ? Banks Chose To Charter In Easy
    States
  • ? Southern Agricultural Banks Most At
    Risk
  • Agricultural PricesVolatility and Weak
    Supervision

13
? The National Banking Act Of 1863 (Dual
Banking) Established Federally-Chartered
Banks ? Civil War Took Southern Opponents To
National Banking Out Of Congress ? Office
Of The Comptroller Was Created To Supervise
National Banks ? Federally-Chartered Banks
Tended To Have Weak Capital Requirements But
Strong Reserve Requirements To Maintain
Convertibility Reserve Requirements
Could Be Satisfied By Holding Treasury
Securities, Thereby Enhancing War Finance
National Banks Were Required To Accept Each
Others Notes At Par
14
  • ? The National Banking Act Of 1863
  • Congress Actively Favored National Banks
  • ? Levied A 10 Tax On Notes Of State Banks,
    Effectively
  • Driving State Bank Note Issuance Out Of
    Existence
  • State Banks Responded By Shifting
    Issuance From Notes
  • To Deposits
  • ? The Act Prohibited Interstate Banking
  • State Banks Could No Longer Shop For
    Favorable Charters
  • State Banks Declined Significantly In
    Importance

15
  • ? The National Banking Act Of 1863
  • The Act Did Not Prevent Bank Failures
  • ? The Panic Of 1873
  • Agricultural Prices Collapsed
  • The Crime Of 1873
  • ? The Panics Of the 1890s
  • International Gold Flows
  • The Silver Purchase Act Of 1890
  • ? The Panic Of 1907

16
? The Federal Reserve Act Of 1913
Background ? Crop Cycles And The
Inelastic Currency During Harvest
Season Demand For Money And Credit
Increased But No Source Of Increased Supply
Severe Seasonal Credit Crunches Occurred
Only Moderating Factors Were Inflows Of
Foreign Credit And Lending By Clearing
Houses
17
  • ? The Federal Reserve Act Of 1913
  • Background
  • ? The Panic Of 1907
  • Weakening Economy Coincided With
    Financial Scandal
  • And Harvest Time
  • Trust Company Failures In NYC Led To
    Major Credit
  • Lockup
  • Problem Spread To Interior Banks As NY
    Correspondents
  • Failed
  • Resolved By J.P. Morgan And Intervention
    By Clearing
  • Houses, Treasury, And Strong Banks/Trust
    Companies

18
? The Federal Reserve Act Of 1913 Federal
Reserve System Structure ? Managed
By 7-Member Board Of Governors In DC ?
Created 12 Branches, Called Federal Reserve
Districts ? Federal Reserve Bank Of New York
Was Major District Bank ? Federal Open
Market Committee Formed In 1930s
Function Was To Conduct Monetary Policy
12 Members--7 BOG Members Plus 5 Regional Bank
Presidents In Rotation
19
? The Federal Reserve Act Of 1913 Federal
Reserve System Functions ? Lend To
Member Banks At Discount Window
Loans Made On Real Bills At Discount Rate
Loans For Need, Not Profit
? Supervise Member Banks ? Provide Services To
Member Banks Check Clearing
Coin Sorting ? Establish Reserve Requirements
For Member Banks
20
  • ? The Banking Act Of 1933 (Glass-Steagall Act)
  • Main Features
  • ? Prohibited Commercial Bank Ownership
    Of Investment
  • Banks And Insurance Companies
  • ? Prohibited Payment Of Interest On
    Demand Deposits
  • ? Established The FDIC To Insure
    Bank Deposits
  • ? Authorized Fed To Supervise Member
    Banks
  • Establish Capital Requirements For Member
    Banks
  • ? Authorized Fed To Issue Federal Reserve Notes,
    Limited
  • To 4 times Gold Stock Held

21
? The Banking Act Of 1933 (Glass-Steagall Act)
Main Features ? Expanded
Authority Of The Federal Reserve System
Fed Could Set Ceilings On Rates Paid On Time And
Saving Deposits Fed Could Set
Limits On Margin Loans By Banks And
Others
22
  • ? Federal Reserve System Responses To 1933 Act
  • Subsequent Developments
  • ? Implemented Authority To Restrict Margin
    Loans
  • Established Regulation T For Security
    Lending By Broker-
  • Dealers (1934)
  • Established Regulation U Controlling
    Security Lending
  • By Banks (1936)
  • Established Regulation G Controlling
    Security Lending By
  • Non-Bank Domestic Lenders (1968)
  • Established Regulation X Controlling
    Security Lending By
  • Foreign Lenders (1968)

23
  • ? Federal Reserve System Responses To 1933 Act
  • Subsequent Developments
  • ? Implemented Regulation Q Setting
    Ceilings On Interest
  • Rates Paid On Bank Time And Saving
    Deposits (1933)
  • ? Implemented Regulation D Creating
    Uniform Reserve
  • Requirements For Member Bank
    Deposits

24
? The Bank Holding Company Act Of 1956
Prohibited Banks From Buying Or Being Owned By
Non-Bank Non-Financial Entities (e.g.,
Industrial Corporations) ?
Concern That Industrial Companies Would Borrow
From Banks At Advantageous Terms,
Thereby Weakening Banks ? Concern
That BHCs Were Being Used To Circumvent
Prohibition Of Interstate Branching via
Chain Banking ? Excluded One-Bank
Holding Companies
25
? Bank Holding Company Act Amendments Of
1970 Extended To One-Bank Holding
Companies The BHCA Limitations On
Mergers With Non-Banking Companies
26
? The Community Reinvestment Act Of 1977 (CRA)
Introduced Social Criteria Into Bank
Lending ? Initiated By Concerns
About Redlning ? FDIC-Insured
anks Evaluated On Basis Of Lending Within
Deposit-Generating Communities
Focuses On Limiting Deposit Drains To
Outside Areas CRA Does Not
Require Making Loans With High Default
Prospects ? Federal
Reserve System Was Charged With Evaluating CRA
Compliance
27
? The Community Reinvestment Act Of 1977 (CRA)
Government Sponsored Entities (FNMA,
FHLMC) Also Required To Meet Social
Criteria ? Monitored By HUD
? HUD Introduced Special Affordable Loan
Requirement GSEs Must Have A
Minimum Share Of New Loans To
Borrowers With Incomes Below 60 Of Community
Median GSEs SAL Minimum Started
at 12 of New Mortgages In 1996,
Rose to 28 in 2008
28
  • ? The Depository Institutions Deregulation And
  • Monetary Control Act of 1980 (DIDMCA)
  • Initiated Removal Of Glass-Steagall
    Restrictions
  • ? Established Uniform Reserve
    Requirements For Banks and
  • Thrift Institutions
  • ? Phased Out Requlation Q, Allowing
    Unlimited Interest
  • Payments on Time And Saving
    Deposits
  • ? Allowed Interest Payments On
    Substitutes For Demand
  • Deposits (NOW Accounts)

29
  • ? The Depository Institutions Deregulation And
  • Monetary Control Act of 1980 (DIDMCA)
  • Other Actions
  • ? Liberalized Investment Authority of
    Thrift Institutions
  • SLs Could Invest Up To 20 In
    Non-Mortgage Assets
  • MSBs Coukd Invest Up To 5 In
    Non-Mortgage
  • ? Increased FDIC Deposit Insurance To
    100K from 40K
  • ? Required Federal Reserve System To
    Price Its Services
  • (Check Clearing, Coin Sorting,
    FedWire, ACH, etc.)

30
? The Financial Industry Modernization Act of
1999 Called Gramm-Leach-Bliley Act, Or GLB
Act Continued Dismantling Of
Glass-Steagall Act ? In 1994
CitiBank Bought Travelers Insurance And Salomon
Brothers Smith-Barney Brokerage To
Form CtiGroup CitiGroup
Formation Illegal Under Glass-Steagall
CitiBank Received Waiver To Allow
Merger ? GLB Act Formalized Approval
Of CitiGroup By Allowing Any
Commercial Bank To Undertake Cross-Industry
Mergers Chase Bank Buys
JPMorgan to Create JPMorganChase ?
Cross-Industry Merger Approval Conditioned On
Satisfactory CRA Rating In Most
Recent Evaluation
31
Part 1.2Bank Supervisory Agencies
32
? Supervisory Agency Structure
Comptroller of the Currency 1863 National Chartered Banks
Federal Reserve System 1913 State Chartered FRB Members
Federal Deposit Insurance Corp 1933 National Chartered Banks State Chartered Banks Savings Banks
State Banking Commissions Various State Chartered Banks
Office of Thrift Supervision, FDIC, And State Banking Commisions Various Savings and Loan Associations Savings Banks
33
  • ? Supervisory Agency Ratings
  • The CAMELS System (1978)
  • ? CAMELS Criteria
  • Capital Adequacy
  • Asset Quality
  • Management Ability
  • Earnings Performance
  • Liquidity
  • Sensitivity To Market Risk
  • ? The CAMELS Ratings
  • Rating Based On Call Reports,
    Field Visits
  • - Scored From 1 (Poor) To 5 (Excellent)
  • - Results Are Not Public
  • Rating Assigned By Lead Supervisory Agency

34
  • ? The Basle Accords
  • Basle I (1988)
  • ? Established International Standards
    For Bank Supervision
  • ? Defined Capital
  • Tier 1 Capital Common Equity Paid In
  • Cumulative Retained
    Earnings
  • Noncumulative
    Preferred Stock
  • Tier 2 Capital Hybrid Debt
  • Subordinated Debt
  • Loan Loss Reserves
  • Contingency
    Reserves

35
  • ? The Basle Accords
  • Basle I (1988)
  • ? Established Capital Composition Standards
  • At Least 50 Of Capital Had To Be Tier 1
  • No More Than 50 Of Tier 2 Capital In
    Subordinated Debt
  • ? Set Risk-Based Capital Requirements (Credit
    Risk Only)

36
  • ? The Basle Accords
  • Basle II (2004)
  • ? Extended Types Of Risk Evaluated
  • Credit Risk
  • Operational Risk
  • Market Risk
  • ? Credit Risk Requirements
  • Standard Methode.g. 8 of Average
    Risk-Adjusted
  • Assets
  • Internal Risk-Based Analysis (Option For
    Large Banks)
  • ? Market Risk
  • Basle II Recommends Value At Risk (VaR)

37
? Basle II Measuring Market Risk By VaR
38
  • ? Problems With VaR
  • Non-Normality In Distribution Of Returns
  • ? Above-Normal Probability Of Large
    Asset Price Declines
  • Fat Tails And
  • Black Swans
  • Use Of Historical Data
  • ? Historical Measurement Of Correlations Between
    Asset
  • Returns
  • ? Dramatic Changes In Correlations In Crisis
    Periodx
  • ? Failure To Incorporate Connections Between
    Markets

39
  • ? What Went Wrong With Commercial Banks In 2008?
  • Off Balance Sheet Investments
  • ? Structured Investment Vehicles
  • Independent Entities Created By
    Banks
  • - Sold To Investors (Hedge
    Funds, High-Wealth)
  • - Investors Financed Purchase
    Wiyj Short-Term Loans
  • (Commercial Paper)
  • - Banks Had No Explicit
    Obligation To Redeem
  • - Banks Did Provide Letters of
    Credit (Commitments To
  • Replace Short-Term Loans If
    Normal Lenders Withdrew)

40
  • ? What Went Wrong With Commercial Banks In 2008?
  • Off Balance Sheet Investments
  • ? The Collapse Of SIVs
  • During Credit Freeze In Fall, Banks Forced To
    Make Loans
  • To SIVs, Selling Assets And Restricting Bank
    Loans
  • Banks Faced Implicit Commitents To Repurchase
    SIV
  • Assets (Reputational Put)

41
  • ? What Went Wrong With Commercial Banks In 2008?
  • Changes In Supervisory Philosophy
  • ? The Shift To Internal Risk Assessment
    (Basle II)
  • Applied To Large Banks
  • Rested On Poor Assumptions
  • - Quantitative Risk Management Methods
    (VaR) Were
  • Suitable
  • - Management Incentives Were Aligned With
    Shareholders

42
Part 2Depository Financial InstitutionsThrift
InstitutionsSavings And Loan Associations
And Mutual Savings Banks
43
  • ? Thrift Institutions
  • Designed To Collect Savings Deposits And
    Invest In
  • Residential Mortgages
  • SL Deposits Insured By Federal Savings
    And Loan
  • Insurance Corporation (FSLIC)L
    Institutions MSB
  • Deposits Insured By State Insurance
    Funds

44
  • ? Thrift Institutions
  • Fatal Flaws
  • ? Borrowed Short-Term (Deposits) And
    Made
  • Long-Term Loans (Mortgages)
  • Viability Required Upward-Sloping
    Yield Curve And
  • Stable Interest Rates
  • ? Undiversified Assets--Entirely In
    Residential Mortgages

45
  • ? Important Legislation
  • Federal Home Loan Bank Act of 1932
  • ? Created FHLB System
  • ? Modeled After Federal Reserve
    System
  • Twelve Regional Banks
  • Authority To Lend To SLs On
    Mortgage
  • Collateral
  • ? Allowed Federally Chartered SLs

46
  • ? Important Legislation
  • Federal Savings And Loan Insurance
    Act Of 1934
  • ? Created FSLIC
  • Modeled After FDIC
  • Supervised By FHLB Board
  • Insured SL Deposits

47
  • ? Important Legislation
  • Formation Of Government Sponsored
    Entities
  • ? Federal National Mortgage
    Association (1938)
  • Purchased FHA/VA-Insured
    Mortgages
  • Financed By Bonds And
    Pass-Thru Securities
  • Privatized In 1968
  • ? Government National Mortgage
    Association (1968)
  • Supervised By HUD
  • Purchased Conventional And
    FHA/VA Mortgages

48
  • ? Important Legislation
  • Formation Of Government Sponsored
    Entities
  • ? Federal Home Loan Mortgage Corp
    (1970)
  • Supervised By FHLB Board
  • Purchased Conventional
    Mortgages

49
  • ? Important Legislation
  • Interest Rate Control Act of 1966
  • ? Subjected SL Deposits to
    Regulation Q Ceiling
  • Plus .25
  • ? Goals
  • Protect Income Of Thrift
    Institutions
  • Allow Thrifts A Small Deposit
    Rate Advantage
  • Over Commercial Banks

50
  • ? Important Legislation
  • DIDMCA of 1980
  • ? Liberalized Investment Authority
    of Thrift Institutions
  • SLs Could Invest Up To 20
    In Non-Mortgage Assets
  • MSBs Could Invest Up To 5 In
    Non-Mortgage Assets
  • ? Eliminated Interest Rate Ceilings
    On Deposits (Reg Q)
  • ? Required Federal Reserve To Price
    Services To Banks
  • (Check Clearing, Coin Sorting,
    Currency Replacement)

51
? Important Legislation
Depository Institutions Act Of 1982 (Garn-St.
Germain) ? Broadened Powers of SLs
Allowed Investment of Up To 40
In Commercial Mortgages And 10
In Commercial Loans Allowed
SLs To Borrow An Unlimited Amount In
Non-Deposit Loans Shifted
Risk Management Responsibility From
Regulators To Bank/SL Management
Allowed Any Depository Institution To Borrow
From FDIC Or FSLIC To Replenish
Capital
52
? Other Important Events
Advent Of Junk Bonds ? Michael
Milken Sees That Below-Investment-Grade
Bonds Earn More Than High-Rated Bonds
After Adjusting For Defaults
? Drexel, Burnham, Lambert Creates
A Market For Junk Bonds
Junk Bonds Allowed Smaller
Companies To Get Access
To Long-Term Financing
SLs Bought Junk Bonds On A Large Scale As A
Way To Diversify Beyond
Mortgages and Get High
Returns
53
  • ? What Went Wrong With Thrifts?
  • Interest Rates Rose, Especially Short
    Rates
  • ? Long-Term Rate Increases Created
    Losses In
  • Value Of Mortgage Assets, Wiping Out
    Capital
  • ? Yield Curve Tilt Created Losses
    On Income
  • Account, Threatening Liquidity

54
  • ? What Went Wrong With Thrifts?
  • SLs Invested Heavily In Bad Loans
  • ? Oil Prices and Home Prices Broke In
    The Mid-1980s
  • ? Lack of Familiarity With New
    Lending Opportunities
  • ? Scandalous Abuses In SL Investing
    The Keating
  • Episode
  • ? Mortgage Foreclosures Increased And
    SLs Began
  • Failing, First in The South Then
    Elsewhere

55
  • ? Resolution The Financial Institution Reform,
    Recovery,
  • And Enforcement Act Of 1989 (FIRREA)
  • Forced Insolvent SLs to Fail Or Be
    Bought By
  • Stronger Institutions
  • FSLIC Paid Off Depositors of Failed
    SLs And Acquired
  • SL Assets For Resale
  • Resolution Trust Company (RTC) Was
    Formed to Sell
  • Foreclosed Homes And Other Assets
    Acquired From
  • SLs
  • ? RTC Dissolves in 1993 After Cost
    To Taxpayer Of
  • 150-300 Billion

56
  • ? The Financial Institution Reform, Recovery,
  • And Enforcement Act Of 1989 (FIRREA)
  • Regulatory Restructuring
  • ? The FHLBB Was Dissolved
  • ? The Office Of Thrift Supervision
    (OTS) Was Formed
  • To Regulate All Thrift-Type
    Institutions (SLs And
  • Mutual Savings Banks)

57
Part 3Security Markets
58
  • ? Important Legislation
  • Securities Act Of 1933
  • ? Required Registration Of
    Issued Securities
  • With The SEC With Some
    Exceptions
  • Securities Issued By
    Banks And SLs
  • Securities Issued By
    Religious And Charitable
  • Organizations
  • Life Insurance And
    Pension Policy Liabilities
  • Notes With Less Than
    270-Day Maturity
  • (Commercial Paper)
  • Private Placements

59
  • ? Important Legislation
  • Securities Act Of 1933
  • ? Registration Statements Must
    Specify
  • Risk Factors
  • Any Material Information
  • ? Civil Penalties Levied For
    Failure To Register Or To
  • Properly Disclose Relevant
    Information

60
  • ? Important Legislation
  • Securities Exchange Act Of 1934
  • ? Created Extensive Regulation
    Of Companies
  • Issuing Securities, Of Security
    Broker-Dealers, And
  • Of Security Exchanges
  • ? Periodic Reporting To SEC By
    Companies With
  • Publicly-Traded Securities
  • Form Annual 10-K And
    Quarterly 10Ql Reports
  • Form 8-K Reorts Of
    Unusual Events
  • Reports Of Insider
    Transaction
  • Reports Of Acquistions Of
    Over 5 Of Any
  • Security Class

61
  • ? Important Legislation
  • Securities Exchange Act Of 1934
  • ? Broker-Dealer Regulation
  • Segregation Of Accounts
    (Except net free credit)
  • Net Capital Rule 100K
    Or 2 Of Debit
  • Balances (501 Leverage)
  • Duty To Act In Clients
    Interest
  • - Churning and Excessive
    Fees
  • - Conflicts Of Interest In
    Proprietary Trading
  • (Front Running)

62
  • ? Important Legislation
  • Securities Exchange Act Of 1934
  • ? Prohibition Of Market
    Manipulation And Of
  • Preferential Treatment Of
    Customers
  • Stock Gunning
  • Links Between Underwriting
    And Trading Desks
  • IPO Flipping And IPO
    Allocation Preferences
  • Insider Trading On Private
    Information
  • Disproportional
    Allocation Of Gains/Losses

63
  • ? Important Legislation
  • Securities Exchange Act Of 1934
  • ? SEC Regulation Of Security
    Exchanges
  • Authority To Set Margin
    Requirements For
  • Member Firms (Delegated To
    Fed)
  • Authority To Regulate
    Exchange-Traded Options
  • (Delegated tp CBOE And Other
    SROs)
  • Authority To Regulate
    Futures Markets
  • (Delegated tp CFTC)

64
  • ? Important Legislation
  • Investment Company Act Of 1940
  • ? Regulates Investment Companies
  • Unit Trusts Fixed Asset
    Composition
  • Management Companies Variable
    Portfolio
  • - Open-End Investment Companies
    (Mutual Funds)
  • Shares Sold And Redeemed
    By Company
  • Shares Continuously
    Distributed
  • Shares Priced Daily At Net
    Asset Value (NAV)
  • - Closed-End Investment
    Companies
  • Shares Sold At IPO And
    Traded On Exchanges
  • Shares Priced
    Continuously At Market
  • Share Price Can Be At
    Premium Or Discount To
  • NAV

65
  • ? Important Legislation
  • Investment Company Act Of 1940
  • ? Aspects Of Investment Companies
    Act
  • Requires Registration With SEC
  • All Securities Must Be Held In
    Trust Account
  • Must Pay Out At Least 90 Of
    Income To Avoid
  • Being Taxed At Trust Level
  • Prohibited From Borrowing Except
    From Banks For
  • Temporary Purposes
    (Redemptions)--No Margin
  • Prohibited From Issuing Senior
    Securities
  • - Debt Or Preferred Stock, Short
    Sales

66
  • ? Important Legislation
  • Investment Company Act Of 1940
  • ? Mutual Fund Shennanigans
    (Spitzerisms)
  • Market Timing
  • - Use Of After-Hours Info To
    Place Fund Orders
  • - Example Intl Securities
    Close At 10AM USEST
  • Or Later So Price Info Not
    Embedded In 4PM
  • Closing NAV On Prior Day
  • Late Trading
  • - Placing Orders After 4PM To Be
    Executed At 4PM
  • NAV
  • Cherry-Picking Asset Sales To
    Meet Redemptions
  • - Selling Most Marketable Assets
    to Pay Out Cash

67
  • ? Important Legislation
  • Investment Advisors Act Of 1940
  • ? Requires Registration With SEC Of
    Any Investment
  • Advisor Who Uses The Mail Or Any
    Form Of
  • Interstate Commerce In The Conduct
    Of Business
  • Exceptions
  • - Advisors Whose Clients All
    Reside Within The State
  • Of The Advisors Office And Who
    Do Not Advise On
  • Securities Traded On Listed
    Exchanges
  • - Advisors Whose Only Clients
    Are Insurance
  • Companies
  • - Advisors Who Have Fewer Than
    15 Clients And
  • Who Do Not Represent Themselves
    To The Public
  • - Advisors Who Are Charitable
    Organizations Or The
  • Employees Of, Or Volunteers To,
    Such Entities

68
? Important Legislation Securities
Investors Protection Act (SIPA) Of 1970
? Establishes SIPC
SIPC Authorized To Borrow 1 Billion From
Treasury All Registered
Broker-Dealers Must Be Members
Members Pay Flat Insurance Premium
- 1/2 Of 1 Of Gross Revenues

69
  • ? Important Legislation
  • Securities Investors Protection Act
    (SIPA) Of 1970
  • ? Insures Broker-Dealer
    Accounts Up To 500K
  • Coverage
  • - Direct Client Accounts
    (Feeder Is Insured Entity)
  • - All Fully Paid
    Securities In Cash Accounts
  • - Free Cash Balances In
    Margin Accounts
  • - Cash Covered Up To 100K

70
? What Went Wrong In Securities Markets In
2008? Mutual Funds Collateral Damage
? Redemptions In Excess Of Cash
Balances Withdrawal Of Bank
Letters Of Credit Forced
Sales Of Securities
71
? What Went Wrong In Securities Markets In
2008? Stock Markets
Collateral Damage ? Breach Of
Maintenance Margin Requirements
Forced Sales Of Securities By Customers
? Breach Of Broker-Dealer Collateral
Requirements Banks Call
Loans To Brokers Trading Departments
Forced Sales Of Securities By
Broker-Dealers
72
Part 4Commodities FuturesAnd Derivative
Securities
73
Commodities Futures
74
? Essentials Of Commodity Trading Occurs
Primarily Through Futures Contracts ?
Contract To Deliver Or Take Delivery Of A
Commodity At A Specific Date And
Place And At A Specific Price ?
Parties To Contract Hedgers
- Short Hedgers Hold Or Expect To Have
Commodity Units At A Future
Date (e.g., Fuel Oil Producer) -
Long Hedgers Committed To Sell Commodity at
Future Date (e.g., Fuel Oil
Company) Speculators
- Short Speculators Sell In Expectation Of
Price Decline - Long Speculators
Buy In Expectation Of Price Increase

75
? Essentials Of Commodity Trading
Economic Functions Of Futures Contracts
? Price Discovery Provide
Current Economic Agents With Information
About Future Prices -
Example Farmers Can Plan Crop Amounts More
Efficiently--Plant Less When Prices
Are Expected To Fall, More
When Prices Expected To Rise
76
? Essentials Of Commodity Trading
Economic Functions Of Futures Contracts
? Create Efficient Intertemporal Allocation Of
Supply If Prices Expected To
Rise, Producers Will Store Product
Now And Sell In Future--Thereby Aiding Consumers
By Providing More Supply In
Scarcer Times If Prices
Expected To Fall, Producers Will Reduce
Stockpiles Now And Restore In Future At
Lower Prices-- Thereby Aiding
Consumers By Shifting Supply From
Low-Price Future To High-Price PresentStore
Product Now And Sell In
Future--Thereby Aiding Consumers By
Providing More Supply In Scarcer Times

77
? Essentials Of Commodity Trading
Characteristics Of Commodity Prices ?
Determined In Auction Market (Pit) By Open Outcry
Clearing Price Is That
For Which Long HedgesLong Specs
Short HedgesShort Specs
Storeable Commdities Typically Are In Contango
(Futures Price Exceeds Spot Price
by Cost Of Carry) Perishable
Commodities (Onions) Have No Normal Future
vs. Spot Relationship
78
? Essentials Of Commodity Trading
Role Of Exchange Clearing House ?
Guarantee Completion Of Payments (Counterparty
Risk) ? Establish Characteristics Of
Standardised Contract ? Maintain
Records On Contracts Traded And Contracting
Parties ? Mark Accounts To
Market Daily, And Transfer Losses To
Gaining Accounts
79
  • Federal Regulation Of Commodities Futures
  • Early Acts
  • ? Grain Futures Act (1922)
  • ? Commodity Exchange Act (1936)
  • Supplanted Grain Futures Act
  • Established Commodities Exchange
    Commission
  • Prohibited Market
    Manipulations And Fraudulent and
  • Abusive Behavior
  • Regulation Applied Only To
    Agricultural Futures
  • Contracts
  • Required All Futures Contracts
    To Be Traded On
  • Exchanges
  • ? Onion Futures Act (1958)
  • Prohibited Trading Of Onion
    Futures

80
  • ? Federal Regulation Of Futures Contracts
  • Commodity Futures Trading Commission
    (1974)
  • ? Amended 1936 Act To Extend
    Regulation To All Futures
  • Contracts Traded On Exchanges
  • ? Response To Rise Of Non-Agricultural
    Futures
  • (Financials And Currencies)
  • ? Excluded Forward Contracts And OTC
    Contracts Between
  • Sophisticated Parties.
  • ? Left Status Of Swap Agreements
    Uncertain, Excluding
  • Them By CFTC Action Rather Than
    Congressional
  • Mandate

81
  • ? Federal Regulation Of Futures Contracts
  • Commodity Futures Modernization Act (2000)
  • ? Clarified Legal Status Of OTC
    Contracts
  • ? Excluded OTC Instruments
  • Forward Contracts Between Private
    Parties
  • Swap Agreements (Financial,
    Currency and Credit
  • Default Swaps)
  • ? Authorized Trading Of Single Stock
    Futures (Prior
  • Authorization Had Been Only For
    Index Futures)

82
Financial Derivatives
83
? Futures Contracts For Common Stocks
Stock Index Futures ? Trading Began In
1983 With Value Line Index Same
Principles As Physical Commodities
Most Traded On NYSE/AMEX Index
Arbitrage Establishes Relationship Between
Futures And Spot Prices
- Futures Price Equals Expected Spot Price
Discounted _at_(1r) - Changes In
Futures Price Affect Spot Price
84
? Futures Contracts For Common Stocks
Single Stock Futures Contract ?
Illegal Prior To Commodities Exchange
Modernization Act (2000) ?
First Single Stock Futures Contracts Traded in
2002
85
? Options On Common Stocks Types Of
Options ? Call Option
Option, But Not Obligation, To Buy Stock At A
Fixed Price (The Strike Price)
On Or Before A Specified Date
Holder Profits If Price At Exercise Exceeds
Strike Price ? Put Option
Option, But Not Obligation, To Sell Stock
At A Fixed Price (The Strike
Price) On Or Before A Specified Date
Holder Profits If Price At Exercise Is Less
Than The Spot Price
86
? Options On Common Stocks Option
Trading ? OTC Prior To 1973
? CBOE Created In 1973
Standardized Contracts Expiration Dates, Strike
Prices Clearing House (OCC) To
Bear Counterparty Risk And
Monitor Trading In Options ? CBOE
And NYSE/AMEX (NYSE/EuroNext) Are The
Major Exchanges
87
? Options On Common Stocks
Option Regulation ? SEC - CFTC
Turf Disputes ? SEC Is Primary
Regulator Of Options On Stocks And
Stock Indexes ? CFTC Is Primary
Regulator Of Options On Futures
Contracts
88
? Credit Default Swaps
Characteristics ? Created As
Unregulated OTC Contracts ?
Significant Counterparty Risk
No Clearing House Buyer
Requires Collateral From Seller
89
? Credit Default Swaps
Payment Triggered By Credit Events Specified
In Particular Contracts
Buyer Pays Premium Based On Risk (Standard is
5 Of Protected Value)
Seller Pays Net Loss -
Can Buy Securities At Face Value Or Pay Net Loss

90
  • ? What Went Wrong In 2008?
  • The OTC Swap Market--Particularly
    CDSs--Had Created
  • Extreme Interconnectedness Among
    Financial Institutions
  • Trouble In One Market Was Rapidly
    Transmitted To Other
  • Instruments And Markets
  • ? Bank Loans To SIVs To Replace
    Commercial Paper
  • Created Short-Term Credit Squeeze
  • ? Credit Freeze Arising From Bank
    SIVs Resulted In High
  • Libor Rates Used In Financial Swap
    Agreements
  • ? Trading Departments At Investment
    Banks Faced
  • Collateral Calls From
    Counterparties, Forcing Asset
  • Sales
  • ? Failure Of Lehman And AIG Triggered
    An Escalation In
  • Counterparty Risk
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