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Kansas Fed Economists Critical Of House Financial Regulation Overhaul



By Corey Boles, Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- A new Federal Reserve Bank of Kansas City study is critical of a proposed overhaul of financial industry regulation, saying too much authority would be concentrated in the hands of the treasury secretary.

The analysis, written by two senior economists at the Kansas City Fed, said that allowing the treasury secretary to determine which large financial firms are systemically risky, and when a firm is in danger of default, could lead to " greater political interference."

The report's authors are Charles Morris, a vice president and senior economist, and Kenneth Spong, a senior economist at the Kansas City Fed, one of 12 regional branches of the Fed system.

It is rare for a regional branch of the Fed to be publicly critical of a legislative proposal before it becomes law.

It says the latest proposal for dealing with how the federal government intervenes with large, failing financial firms is significantly better than the original Treasury plan, but that it still causes concern.

The proposal agreed to by Treasury Secretary Timothy Geithner and House Financial Services Chairman Barney Frank (D., Mass.) would see the creation of a Financial Services Oversight Council. That council would be comprised of federal financial regulators, and would have a broad oversight role over the industry.

The Senate has yet to release details of its regulatory overhaul, although lawmakers there are known to be considering a similar systemic risk council.

It would be chaired by the treasury secretary, who would have the final call as to when the federal government intervenes to save or unwind a troubled financial company.

"Replacing independent regulators with the Treasury Department as the final authority in this decision process could lead to delays or second-guessing of supervisory recommendations and greater political interference," the analysis concludes.

The paper's criticism of the legislation also said it would create uncertainty as to which financial holding companies would be unwound under traditional Chapter 11 bankruptcy law and which ones would be subject to the new unwinding process.

It said that creditors and stockholders should know before they invest in a company how claims would be handled in the event that company fails.

The proposal would currently not permit the federal government to use its new unwinding powers if a company failed that hadn't been identified in advance as a risk to the wider financial system.

The economists argue a second group of companies should be determined that could be systemically risky in some occasions, and could be potentially subject to the unwinding authorities.

Another criticism is that while all financial companies with $10 billion or more in assets would have to contribute to a fund to pay for the unwinding authority, only a small number of them would stand to be impacted by that authority.

-By Corey Boles, Dow Jones Newswires; 202-862-6601; corey.boles@dowjones.com

(Michael R. Crittenden contributed to this article.)


  (END) Dow Jones Newswires
  11-03-091337ET
  Copyright (c) 2009 Dow Jones & Company, Inc.

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