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 Obama Plan Outlines Regulatory Scheme For Large Insurers 

 
Published 6/9/2009 

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NU Online News Service, June 9, 4:14 p.m. EDT

WASHINGTON—The Obama administration will propose putting large insurance companies under the control of a federal systemic risk regulator for the financial services system, and probably a U.S. insurance regulator as well, according to a draft document obtained by National Underwriter.

The plan, due for release next week, has been circulating on Capitol Hill today, several sources said.

However, a Treasury Department spokesman, when asked about the draft, said he would look into it but he was “very skeptical” it was accurate.

On another front, sources said, House Republicans could unveil their own regulatory reform proposal this Thursday.

According to the administration draft, large insurers likely will be pre-empted from state laws, but will not be “deregulated” and it may not be optional. Also, those designated as “national insurers” will likely be subject to new financial product safety commission regulations.

The administration is expected to unveil its principles for financial services reform on June 17, and Treasury Secretary Timothy Geithner will explain the plan the next day in testimony before the House Financial Services Committee, according to insurance industry lobbyists.

Mr. Geithner confirmed the administration’s plans in testimony on June 9 before the Subcommittee on Financial Services and General Government of the Senate Appropriations Committee.

“As we have made repairs to the financial system, we have understood that repair alone is not enough,” Mr. Geithner testified. “We must also reform the system so that it is less prone to crises of the dimensions that we now face.”

Specifically, he said that “in the next few weeks, we will outline a comprehensive plan of reform that will include systemic risk regulations to ensure that no large and interconnected firm or market can take on so much risk that its failure could destabilize the entire financial system.”

He said the plan calls for bolstering consumer and investor protections, “and it will streamline our out-of-date regulatory structure so that our regulatory system matches the size, shape and speed of our modern financial system.”

The administration proposal would give the systemic risk regulator the authority to set capital, liquidity and other safety and soundness requirements. It will propose that this authority be granted to the Federal Reserve.

But the proposal is likely to state that the administration “would be open to a strong council as long as the chair would have sufficient authority to be effective.”

The authority to resolve systemically risky financial services firms would be given to the Federal Deposit Insurance Corp., but the draft does not specifically say that insurers would be subject to this authority.

Under the plan, hedge funds would be regulated via mandatory registration and additional disclosure of positions, while large hedge funds would be subject to the authority of the new systemic risk regulator.

The administration plan will call for the Securities and Exchange Commission to gain power, but the Commodity Futures Trading Commission will remain independent, according to the document.

It also states that creation of a Consumer Product Safety Commission is “under serious consideration,” and would focus on consumer finance issues, but due to resistance from the SEC, it will leave investor protections to the SEC and CFTC.

The draft said that a dual banking charter will be continued, but the systemic risk regulator “will take even more power away from the state regulators.”

It also said that the Office of Thrift Supervision is likely to be merged with the Office of the Comptroller of the Currency, and that OCC will also be given a more prominent role in examinations, and may take over many of the Federal Reserve and FDIC examination roles, and will gather most of the data going forward.

 

 

 



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    • 6/10/2009 10:30:33 AM
    • Robert Holland
    • Federal Regulation
    • I trust that whatever criterian is applied to somehow cull out a "large" or "national insurer" (which basically means anyone writing throughout most of the US I guess) the affected insurers must resign from membership in the AIA or any other lobbying body (including, presumably, ISO, NCCI, AIA, state reinsurance and other pools and guaranty funds) and be vunerable to political intrusion into everyday desicisons when battling those insurers that enjoy state regulation. This ought to be fun. Bob Holland
    • 6/10/2009 1:08:04 PM
    • April
    • Obama Plans
    • Sounds like the Obama Administration is bound and determined to make the United States socialistic. Our forefathers would turn over in their graves if they knew what was going on. The people of this country need to wake up and realize what's going on before it's too late. It may be too late already.
    • 6/10/2009 5:21:10 PM
    • T Willson
    • Another Federal power grab
    • The insurance industry and the states need to fight this one. It is another Federal power grab by the Obama Administration. It will result in higher costs and more bureaucracy in the industry. Why not just have a Government Insurance Company, along with Government Motors (GM) & Government Health Insurance. Elections have consequences.
    • 6/11/2009 2:07:30 PM
    • George Phillips
    • Federal Government Insurance Regulations
    • Did we not have a huge fight 150 years ago over state rights?
    • 6/17/2009 7:22:18 PM
    • Alan G.
    • Some Insurers Pushing for this
    • Robert, I don't think the definition of a "National Insurer" would require writing business in most of the U.S.,but would likely only require doing business in more than one state. If you write across state lines you are engaging in interstate commerce. One thing is for sure a federal power grab over the insurance industry will bring it to ruin.

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