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Weekly Industry Update: Regulatory Policy Update

By Vy Phan

February 12, 2017

Regulatory policy dominated the headlines this week. Federal Reserve Governor, Daniel Tarullo, announced his plan to resign in the spring, providing Trump with a clear path to accelerate his deregulatory agenda. Tarullo architected and defended tough capital and liquidity rules, stress tests and greatly increased Federal Reserve oversight. Earlier this week House Financial Services Committee Chairman and Tarullo antagonist, Jeb Hensarling (R-TX), introduced plans to relieve banks from annual stress tests and remove key powers from the CFPB. Further, U.S. Representatives Ed Royce (R-CA)., Kyrsten Sinema (D-AZ)., and Terri Sewell (D-Al). reintroduced the Credit Score Competition Act. The bill seeks to end the “government-backed monopoly in credit scoring” by enabling GSEs to use competitive scoring models to FICO when underwriting mortgage loans. Third party risk analytics firms such as VantageScore, TransUnion, and PeerIQ stand to benefit if the legislation is passed. Self-regulatory trends continue. Another policy shop, The Online Lending Policy Institute, was introduced this week and includes Cross River Bank, Rocket Loans, and others as inaugural members. The Marketplace Lending Association (MLA) also continues to grow and has 15 members to date. Since election day, the S&P 500 financials index is up close to 18%, and bank stocks are up by 25%, in part, due to the prospect of improved ROE from regulatory reform. In today’s newsletter, we analyze President Trump’s financial regulation executive order. Potential Impact of Trump’s Executive Order on Financial Regulation Trump’s Executive Order on Core Principles for Regulation the United States Financial System was issued on February 3rd. The order does not repeal or even recommend the repeal of the Dodd-Frank Act, the cornerstone of the post-2008 regulatory architecture. The order will not immediately impact the laws and regulations for financial institutions. Rather, the order calls for a review of existing regulations and sets forth a set of seven principles to influence future regulatory reform. We cite the core principles below and provide annotations to illustrate the potential implications to capital markets. d9cbe76c-e938-4a28-9838-bf127d59d7c9 We highlight Principle (c) in the Executive Order–concerning market failures, systematic risk, and information asymmetries–whose concerns are consistent with the spirit of several Dodd-Frank regulations. Although unquestionably there are stark differences in the Trump administration’s approach, we do find common values with the prior regime in improving international competitiveness, expanding consumer choice, and fostering innovation and entrepreneurship (see the Obama administration’s recently published “A Framework for Fintech” for instance). As we enter a period of regulatory uncertainty and sharply divided politics, FinTech firms and emerging self-regulatory associations may find greater legislative success by appealing to these shared values. Conferences: PeerIQ in the News: Industry Update: Lighter Fare: