Reply #11: Geithner's request of new regulatory framework.... [View All]

[FrenchieCat]

As spelled out here, the regulatory framework proposed that Geithner has requested.....

On taking over institutions:

"Depending on the circumstances, the FDIC and the Treasury would place the firm into conservatorship with the aim of returning it to private hands or a receivership that would manage the process of winding down the firm. The trustee of the conservatorship or receivership would have broad powers, including to sell or transfer the assets or liabilities of the institution in question, to renegotiate or repudiate the institution's contracts (including with its employees), and to deal with a derivatives book. A conservator would also have the power to restructure the institution by, for example, replacing its board of directors and its senior officers. None of these actions would be subject to the approval of the institution's creditors or other stakeholders." (Among other things, the trustee can step in, sell or keep whatever he or she felt was best for the company, completely replace the BoD, eliminate any necessary executives, void contracts and do so without stock or debt holder approval.)

Hedge funds -(This has been a long time coming):
"U.S. law generally does not require hedge funds or other private pools of capital to register with a federal financial regulator, although some funds that trade commodity derivatives must register with the Commodity Futures Trading Commission and many funds register voluntarily with the Securities and Exchange Commission. As a result, there are no reliable, comprehensive data available to assess whether such funds individually or collectively pose a threat to financial stability. The Madoff episode is just one more reminder that, in order to protect investors, we must close gaps and weaknesses in the regulation and enforcement of broker-dealers, investment advisors and the funds they manage."

Derivatives and swaps:
"In our proposed regulatory framework, the government will regulate the markets for credit default swaps and over-the-counter derivatives for the first time."

(This is just the first part of the proposals for the swaps, the others are well worth reading.)

http://www.treas.gov/press/releases/tg72.htm