Saturday, September 27, 2014

Of Banks and Over Taxed Regulators

Banks, who needs them?  A quick question and a quick answer:  a thriving, prospering banking system is essential for a thriving, prospering modern economy.  Banks bring together the resources of savers and the needs of borrowers, particularly borrowers who seek funds to establish or expand businesses or families and individuals who use occasional borrowing to smooth out their income (good banking principles penalize people who would borrow in order to live beyond their means, but more on that at another time). 

Banks also created and maintain the payments system, the means by which money is transferred quickly and accurately throughout the nation and even internationally.  Bank services include as well a variety of wealth management tools by which individuals, families, businesses, and governments can store, grow, and make best use of their financial wealth. 

Without banks, almost none of these services would be available.  Many non-banks provide bank-like services, but they all come to find the need to rest their own services at some point on a bank.

Banking in the United States has grown with the nation, from very simple institutions in the eighteenth and early nineteenth centuries, to a wide variety of bank types, charters, and business models, as diverse as the financial demands of the customers of the largest and most diverse economy in the world.  I once presented at a meeting in Chicago a list of about two-dozen different types of banks in the United States.  We have national banks, state chartered banks, small community banks, larger regional banks, and very large banks with extensive national and international business products and services.  All of these operate and compete together, with a body of customers behind each one who think that their bank offers the best available choice of services that they want.  No other nation in the world has a banking industry like ours.

The recent recession and financial panic—and the inevitable politicizing of finance that came in its wake—have thrown much into confusion and imposed upon sound and prudent bank supervision harmful ideas born of reckless sloganeering and hubristic financial engineering.  The complexity of banking—no more complex than information technology, communications systems, or modern manufacturing—has been superseded by even more complex bank regulation. 

The rules governing banking are too much and too many to function reasonably.  They have become more than the very human people in the multitude of bank regulatory agencies can manage.  The disciplining role of markets and the valuable service of banker judgment have in large measure been replaced by bureaucratic procedures and the judgments of government officials.  These officials have had little if any practical experience making loans, taking deposits and putting them to work, building financial wealth, or otherwise providing products to customers.  Government officials cannot run businesses.  Now, their government jobs have become so demanding and complex, that they will not be able to do their own jobs, either.  Too much has been placed upon them.

Those most harmed by all of this are bank customers.  For the moment, bank profits are up, but that is because their losses are down as they recover from the recession, not because services to customers are expanding.  As a result of government interest rate policies, depositors earn almost nothing on the money that they place in banks.  The expanding oversight involvement of bank regulators makes it dangerous for banks to offer new services to customers; the risk of breaking any of thousands of pages of regulations has become too great.  It takes almost half an hour to open a new bank account, something that used to take minutes.  Fewer credit-worthy borrowers today qualify for mortgages than just a year ago, before new regulations went into effect.  The number of banks has been declining in recent years, dropping at the rate of nearly one for every business day, week in and week out.  Only one new bank has been opened since 2010.  We have fewer banks today than the nation had in 1893.  A stagnant industry is less able to evolve to meet changing customer needs and preferences.

For the good of all of us who rely upon banking services, and for the sanity of financial regulators, we need to return to the principles of good banking.  We need to restore a system of supervision that is measured, not by how much banker judgment it takes over, but by how it adds value to the ability of banks to serve customers.  Government agencies—and the laws that they administer—that are derived from a founding document that begins with the words, “We the People,” should do nothing less, and nothing more.

On another day I would like to share some thoughts about how banks are being goaded to become their own enemies.

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