Abstract
For many years, the potential costs of government risk-bearing attracted scant attention. The recent wave of depository institution failures has caused widespread concern about the government’s ability to regulate these entities and, more broadly, to control the financial risks it assumes. In the United States, these risks include
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1.
a federal safety net for depository institutions, comprising statutory deposit insurance and (occasionally subsidized) discount window lending;
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2.
government guarantees of private obligations, including pensions, brokerage accounts, and the “government-sponsored enterprises”1;
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3.
direct government lending to (among others) homeowners, farmers, small businesses, and students; and
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4.
extensive Federal Reserve payments services to private banks, which sometimes include extensions of substantial intraday credit.
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Notes
For a recent survey of the political origins of financial regulation in this country, see Mark J. Roe, A Political Theory of American Corporate Finance, 91 Colum. L. Rev. 10 (1991).
U.S.C.A. §2901–2906 (West 1989 and Supp. 1991).
See Katharine L. Bradbury, Karl E. Case, and Constance R. Dunham, 1989, “Geographic Patterns of Mortgage Lending in Boston, 1982–1987,” Federal Reserve Bank of Boston, New England Economic Review (September/October): 3–30.
Such an explanation is developed in William C. Gruben, Jonathan A. Neuberger, and Ronald H. Schmidt, 1990, “Imperfect Information and the Community Reinvestment Act,” Federal Reserve Bank of San Francisco, Economic Review (Summer): 27–46.
These insurance systems are cataloged in the Treasury Department’s recent study, Modernizing the Financial System: Recommendations for Safer, More Competitive Banks, ch. XXI (February 1991).
See SEC Request for Comments on the Reform of the Regulation of Investment Companies, 55 Fed. Reg. 25, 322 (June 21, 1990), which summarizes current mutual-fund regulations. Similarly, one might wonder whether financial intermediaries that operate without traditional equity ownership—such as mutual banks and mutual insurance companies—belong in a category that is defined by the existence of a junior/senior claimant conflict. See Eric Rusmusen, 1989, “Mutual Banks and Stock Banks,” Journal of Law and Economics 31 (October): 395–421; and Henry Hansmann, 1985, “The Organization of Insurance Companies: Mutual versus Stock,” Journal of Law, Economics, and Organization 1 (Spring): 125–153.
To be fair, Flannery reserves comment on pension plans. I nevertheless discuss them here because certain pension plans logically belong within his definition of “banks” in that employer sponsors hold junior claims on plan assets, and his reservation is based solely on the fact that pensions are discussed elsewhere in the conference proceedings (see Kathleen P. Utgoff, “The PBGC: A Costly Lesson in the Economics of Federal Insurance”).
Al H. Ringleb and Steven L. Wiggins make this point in greater detail elsewhere in this volume in “Institutional Control and Large-scale, Long-term Hazards.”
See, for example, SEC v.VALIC, 359 U.S. 65 (1959); SEC v. United Benefit Life Insurance Co., 387 U.S. 202 (1967); Prudential Insurance Co. v. SEC, 326 F. 2d 383 (3rd Cir. 1964).
See, for example, Citicorp v. Board of Governors 936 F. 2d (2d Cir. 1991), cert, denied, 116 L. Ed 2d 775 (1992); First National Bank of Eastern Arkansas v. Taylor, 907 F. 2d 775 (8th Cir.), cert. denied, 111 S. Ct. 442 (1990).
Guaranteed investment contracts (GICs) are a good example of this latter development. See Rule 151 under the Securities Act of 1933, 17 C.F.R. §230.151 (1991).
For a description of the CM A program, see Krinsk v. Merrill Lynch Asset Management, Inc., 875 F. 2d 404 (2d Cir.), cert. denied, 493 U.S. 919 (1989).
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Flannery, M.J., Jackson, H.E. (1993). Government Risk-Bearing in the Financial Sector of a Capitalist Economy. In: Sniderman, M.S. (eds) Government Risk-Bearing. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-2184-2_4
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