A lively debate from LearningFromDogs blog about the wisdom of regulating the safety of financial products .... http://learningfromdogs.com/2009/10/30/consumer-financial-product-quality/
Consumer ’safety’ for financial products
Are we missing a lesson that has been applied for years?
I have resisted any temptation to comment on the economic situation on Learning from Dogs. The contributions from others are based on far more knowledge and understanding of the subject then I will ever have.
However, I feel obliged to ask humbly for some clarification about something that bothers me. Are we putting the cart before the horse? Are we ignoring the relationship between provider and consumer in finance?
The regulatory regime applied to the vast majority of products which are allowed to be sold to the public is such that there are probably more stringent safety standards for an electric toaster than for most, if not all, financial products!
Much of the talk of regulation and restraint, in the current climate, seems to relate to remuneration of people working for financial organisations. But, why does it matter what they receive? In other fields, success is rewarded and the shareholders, admittedly fairly indirectly, have some say on the policy in that area. Why should they not pay what they wish?
On the other hand (to coin an economic phrase!), the minimum standards of the products are set by regulators.
In other fields, if a supplier cannot demonstrate, to the satisfaction of the regulators, that its product meets specified safety standards, then that product is not allowed to be offered.
It is very simple! I am not referring to contracts, customer service, compensation and so on; I am referring to a threshold level of safety below which the product is not allowed to be sold or operated. Think: “cars”, “aeroplanes”, “electrical appliances”, “children’s toys”, and … well anything else!
To be even clearer, this is not about “perfect safety” which is, of course, not available at any price. This is not about blame. This is not about guarantees. It IS about inspection, testing, certification, regulation … oh and policing!
Can anyone explain why this approach cannot be applied to financial products? (Sherry attempts to here.)
By John Lewis
p.s. as chance would have it the image of the toaster at the head of this Post was taken from an article talking about a recall of the Viking Toaster – point made rather well, don’t you think?
My first attempt at a reply apparently hit a nerve! Those comments tomorrow.
Sherry’s reply. A great question, John: why do we not have a threshold level of safety for financial products, as we do with cars and toys? Well, for one, if a financial product “fails,” the consequence is purely financial – it is not injury or death. A financial product simply represents a financial investment today in exchange for financial payoffs tomorrow. The less certain those payoffs, the higher the minimum required return on that investment. If the returns were certified or regulated in some way, risk would be reduced, and the required return would also fall. Limiting risk exposure throws out the baby with the bath water: less risk means lower returns on the investment. Look at the real returns to U.S. Treasury Bills – they are almost zero! There is a role for regulation in financial products and that is for disclosure of relevant information. When we invest in a financial product, we are putting our money at risk in exchange for future expected cash flows. We forecast those cash flows on the basis of material information about the firm, its products or services, and its management and strategy. Even here there is a fine line between the right to know and proprietary information that enables a firm to invest its own funds in the hope of generating a large return in exchange for taking risks. The Securities and Exchange Commission’s requirement for a 20-day window between the time a bidder makes a tender offer for a target and the time the target shareholders must decide whether to accept the offer or not is an example of a regulation that crosses the line, in my view. In a misguided attempt to protect shareholders from fly-by-night tender offers, the SEC has created an environment where multiple competing bids can arise, driving down the return to the original bidder and limiting the incentives for firms to productively redeploy assets through tender offers. By Sherry Jarrell
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