Frank-Dodd One of the Issues Essay

Excerpt from Essay :

The philosophy behind Frank-Dodd is to minimize the risk to the taxpayer of trade in these instruments, but this is to be balanced against the needs of the industry. Arguably, however, there is no particular need for synthetic CDOs, so tight regulation that restricts their manufacture and use should be sufficient.

The Frank-Dodd Act imposes significant regulatory burden on synthetic CDOs and the use of credit default swaps to create synthetic CDOs. The full extent of the burden has yet to be defined, in part because the terminology in the risk retention rule has yet to be adapted to these products. Adapting the wording of Section 941 would further regulate and control the use of these instruments. By providing clarity, improved wording would allow regulators to create a tighter framework with fewer loopholes. The regulator would also be able to craft the wording the way it wants, as opposed to having the intent of the law interpreted either in court or by some other body. By closing what could end up as a loophole, the strength of the Frank-Dodd Act would be improved.

Works Cited:

Forrester, J. & Jacobsen, W. (2010). Impact of Frank-Dodd risk-retention requirements on CDOs, CLOs and the loan market. Mayer Brown LLP. Retrieved November 7, 2012 from http://www.martindale.com/finance-law/article_Mayer-Brown-LLP_1106518.htm

Gandel, S. (2010). Is proprietary trading too wild for Wall Street? Time Magazine. Retrieved November 7, 2012 from http://www.time.com/time/business/article/0,8599,1960565,00.html#ixzz1kuiacUK

Investopedia. (2012). Collateralized debt obligation (CDO). Investopedia.com. Retrieved November 7, 2012 from http://www.investopedia.com/terms/c/cdo.asp

Mattingly, F. (2012). Why Romney won't kill Frank-Dodd. Business Week. Retrieved November 7, 2012 from http://www.businessweek.com/articles/2012-09-06/why-romney-wont-kill-dodd-frank

SEC. (2012). Dodd-Frank Spotlight: Asset-Backed Securities. Securities Exchange Commission. Retrieved November 7, 2012 from http://www.sec.gov/spotlight/dodd-frank/assetbackedsecurities.shtml

Vasudev, P. (2012). Credit derivatives and the Frank-Dodd Act -- is the regulatory response appropriate? SSRN. Retrieved November 7, 2012 from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1984878

Wilmarth, a. (2011). The Dodd-Frank Act: A flawed and inadequate response to the too-big-to-fail problem. Oregon Law Review. Vol. 89

Sources Used in Document:

Works Cited:

Forrester, J. & Jacobsen, W. (2010). Impact of Frank-Dodd risk-retention requirements on CDOs, CLOs and the loan market. Mayer Brown LLP. Retrieved November 7, 2012 from http://www.martindale.com/finance-law/article_Mayer-Brown-LLP_1106518.htm

Gandel, S. (2010). Is proprietary trading too wild for Wall Street? Time Magazine. Retrieved November 7, 2012 from http://www.time.com/time/business/article/0,8599,1960565,00.html#ixzz1kuiacUK

Investopedia. (2012). Collateralized debt obligation (CDO). Investopedia.com. Retrieved November 7, 2012 from http://www.investopedia.com/terms/c/cdo.asp

Mattingly, F. (2012). Why Romney won't kill Frank-Dodd. Business Week. Retrieved November 7, 2012 from http://www.businessweek.com/articles/2012-09-06/why-romney-wont-kill-dodd-frank

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