"Systemically Important" FSOC Faces Ire: Keep Buying Big Funds

The Financial Stability Oversight Council was formed in Jul 2010 to assess risks to the U.S. financial system. These risks were ideally posed by distressed or large interconnected bank holding companies or non-bank financial companies. As the 2008 recession crushed the “too big to fail” myth, this oversight body was formed to protect from risks or wipe out the misconception.

Perhaps in doing so, the body had picked on certain bellwethers and stated they were “systemically important.” But this spelled trouble for FSOC, which was established by Title I of the Dodd–Frank Wall Street Reform and Consumer Protection Act. FSOC had identified MetLife (MET) as a "non-bank systemically important financial institution" last year, but the insurer sued FSOC for that. What we are more bothered about is that the board’s contemplation to designate the biggest asset managers as “systemically important” hasn’t gone down well with top fund managers.

FSOC Face Ire

In a recent turn of events, Republican lawmakers bashed FSOC calling it ‘secretive and unwilling to share information’. Also, House Financial Service Committee Chair Jeb Hensarling criticized FSOC’s scheme of picking certain mutual fund companies or other asset managers as “systemically important.” He mentioned that this will eventually lower returns for investors.

Last Tuesday, the FSOC, for the first time, had to testify before the House Financial Services Committee as a group. While debate on the existence of “too big to fail” institutions still do rounds, there are also debates about the ways of the FSOC. Moreover, Dodd-Frank supporters say that the legislation is to stop tax-payer funded bailouts to these large institutions. The counter argument is that the law codifies these institutions by allowing FSOC to term them as “systemically important.” The way this designation is given is also highly debatable.

Eight out of 10 council members testified, but they said they can’t share information about how they monitor banks as this is “non-public”. New Jersey Republican Scott Garrett said: “You need to become more like us - more transparent, more open to the American public”. Wisconsin Republican Sean Duffy too had urged the council to inform how they designated MetLife, General Electric and American International Group as systemically important financial institutions.

This “non-public” method of designating certain institutions as “systemically important” is being questioned. Jeb Hensarling said, “Of all of the Council’s activities, none generates more controversy than its designation of non-bank financial institutions as ‘systemically important financial institutions,’ or SIFIs. Designation anoints institutions as Too Big to Fail, meaning today’s SIFI designations are tomorrow’s taxpayer-funded bailouts.”