ECON102: Principles of Macroeconomics (2021.A.01)

Figure 9.7

Banks are among the most heavily regulated of financial institutions. They are regulated in part to protect individual depositors against corrupt business practices. Banks are also susceptible to crises of confidence. Because their reserves equal only a fraction of their deposit liabilities, an effort by customers to get all their cash out of a bank could force it to fail. A few poorly managed banks could create such a crisis, leading people to try to withdraw their funds from well-managed banks. Another reason for the high degree of regulation is that variations in the quantity of money have important effects on the economy as a whole, and banks are the institutions through which money is created.

Deposit Insurance

From a customer's point of view, the most important form of regulation comes in the form of deposit insurance. For commercial banks, this insurance is provided by the Federal Deposit Insurance Corporation (FDIC). Insurance funds are maintained through a premium assessed on banks for every $100 of bank deposits.

If a commercial bank fails, the FDIC guarantees to reimburse depositors up to $250,000 (raised from $100,000 during the financial crisis of 2008) per insured bank, for each account ownership category. From a depositor's point of view, therefore, it is not necessary to worry about a bank's safety.

One difficulty this insurance creates, however, is that it may induce the officers of a bank to take more risks. With a federal agency on hand to bail them out if they fail, the costs of failure are reduced. Bank officers can thus be expected to take more risks than they would otherwise, which, in turn, makes failure more likely. In addition, depositors, knowing that their deposits are insured, may not scrutinize the banks' lending activities as carefully as they would if they felt that unwise loans could result in the loss of their deposits.

Thus, banks present us with a fundamental dilemma. A fractional reserve system means that banks can operate only if their customers maintain their confidence in them. If bank customers lose confidence, they are likely to try to withdraw their funds. But with a fractional reserve system, a bank actually holds funds in reserve equal to only a small fraction of its deposit liabilities. If its customers think a bank will fail and try to withdraw their cash, the bank is likely to fail. Bank panics, in which frightened customers rush to withdraw their deposits, contributed to the failure of one-third of the nation's banks between 1929 and 1933. Deposit insurance was introduced in large part to give people confidence in their banks and to prevent failure. But the deposit insurance that seeks to prevent bank failures may lead to less careful management - and thus encourage bank failure.

Regulation to Prevent Bank Failure

To reduce the number of bank failures, banks are limited in what they can do. Banks are required to maintain a minimum level of net worth as a fraction of total assets. Regulators from the FDIC regularly perform audits and other checks of individual banks to ensure they are operating safely.

The FDIC has the power to close a bank whose net worth has fallen below the required level. In practice, it typically acts to close a bank when it becomes insolvent, that is, when its net worth becomes negative. Negative net worth implies that the bank's liabilities exceed its assets.

When the FDIC closes a bank, it arranges for depositors to receive their funds. When the bank's funds are insufficient to return customers' deposits, the FDIC uses money from the insurance fund for this purpose. Alternatively, the FDIC may arrange for another bank to purchase the failed bank. The FDIC, however, continues to guarantee that depositors will not lose any money.

Regulation in Response to Financial Crises

In the aftermath of the Great Depression and the banking crisis that accompanied it, laws were passed to try to make the banking system safer. The Glass-Steagall Act of that period created the FDIC and the separation between commercial banks and investment banks. Over time, the financial system in the United States and in other countries began to change, and in 1999, a law was passed in the United States that essentially repealed the part of the Glass-Steagall Act that had created the separation between commercial and investment banking. Proponents of eliminating the separation between the two types of banks argued that banks could better diversify their portfolios if allowed to participate in other parts of the financial markets and that banks in other countries operated without such a separation.

Similar to the reaction to the banking crisis of the 1930s, the financial crisis of 2008 and the Great Recession led to calls for financial market reform. The result was the Dodd-Frank Wall Street Reform and Consumer Protection Act, usually referred to as the Dodd-Frank Act, which was passed in July 2010. More than 2,000 pages in length, the regulations to implement most provisions of this act were set to take place over a nearly two-year period, with some provisions expected to take even longer to implement. This act created the Consumer Financial Protection Agency to oversee and regulate various aspects of consumer credit markets, such as credit card and bank fees and mortgage contracts. It also created the Financial Stability Oversight Council (FSOC) to assess risks for the entire financial industry. The FSOC can recommend that a nonbank financial firm, such as a hedge fund that is perhaps threatening the stability of the financial system (i.e., getting "too big to fail"), become regulated by the Federal Reserve. If such firms do become insolvent, a process of liquidation similar to what occurs when the FDIC takes over a bank can be applied. The Dodd-Frank Act also calls for implementation of the Volcker rule, which was named after the former chair of the Fed who argued the case. The Volcker rule is meant to ban banks from using depositors' funds to engage in certain types of speculative investments to try to enhance the profits of the bank, at least partly reinstating the separation between commercial and investment banking that the Glass-Steagall Act had created. There are many other provisions in this wide-sweeping legislation that are designed to improve oversight of nonbank financial institutions, increase transparency in the operation of various forms of financial instruments, regulate credit rating agencies such as Moody's and Standard & Poor's, and so on. Given the lag time associated with fully implementing the legislation, it will probably be many years before its impact can be fully assessed.