Quantcast
Channel: The Harvard Law School Forum on Corporate Governance
Viewing all articles
Browse latest Browse all 152

Securing Financial Stability: Systematic Regulation of Systemic Risk

$
0
0
Posted by Steven L. Schwarcz (Duke University), on Wednesday, August 29, 2018
Editor's Note: Steven L. Schwarcz is Stanley A. Star Professor of Law & Business at the Duke University School of Law. This post is based on a recent paper by Professor Schwarcz. Related research from the Program on Corporate Governance includes Containing Systemic Risk by Taxing Banks Properly by Mark J. Roe and Michael Troege (discussed on the Forum here).

Regulators worry that the “macroprudential” regulation enacted since the financial crisis to protect financial stability may be inadequate to prevent another crisis. This paper examines that regulation with a decade of hindsight.

The primary focus of that regulation has been to protect against the failure of systemically important financial institutions (“SIFIs”) or to mitigate the systemic impact of their failure. This reflects concern that SIFIs may engage in morally hazardous risk-taking because they deem themselves “too big to fail” (TBTF). For example, capital requirements are intended to protect against the failure of SIFIs by requiring them to maintain specified levels of equity and the like. Resolution is intended to mitigate the systemic impact of a SIFI’s failure by reorganizing its capital structure or liquidating it with minimal systemic impact.

(more…)


Viewing all articles
Browse latest Browse all 152

Trending Articles