2010년 미국 금융개혁법의 주요내용 및 그 시사점
The Financial Regulatory Reform Act in the U.S.
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One of the most significant contributors to the american economic downturn was an unraveling of major financial institutions and the lack of adequate regulatory structures to prevent abuse and excess. In recent years,some financial institutions produced a huge variety of new and complex financial instruments. And these products, such as asset-based securities,were designed to spread risk, but unfortunately ended up concentrating risk. An absence of oversight engendered systematic, and systemic, abuse. Instead of reducing risk, the markets actually magnified risks that were being taken by ordinary families and large firms alike. The results were the bursting of a debt-based bubble, the failure of several of the world's largest financial institutions, the deterioration of the economy, the unprecedented intervention of the federal government. So the U.S. administration proposed a financial regulatory reform. And the U.S. Senate and the House of Representatives passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. The highlights of the Dodd-Frank Act are as follows; Dodd-Frank Act creates a new independent watchdog, Consumer Financial Protection Bureau,with the authority to ensure American consumers to get the clear, accurate information in relation to the financial transactions. It will end too big to fail bailouts by creating a safe way to liquidate failed financial firms, and establishing rigorous standards and supervision to protect the economy and American consumers. Dodd-Frank Act creates tcan consumersStability Oversight Cousuml to identify and address systemic risks posed by large,complex companies before they threates tcanstability of the economy. It elimcontes loopholes tcat allow risky and abusive practices to go on unnoticed and unregulated, including loopholes for over-the-counter derivatives, hedge funds, etc. It provides tough new rules for transparency and accountability for credit rating agencies.
Abstract
One of the most significant contributors to the american economic downturn was an unraveling of major financial institutions and the lack of adequate regulatory structures to prevent abuse and excess. In recent years,some financial institutions produced a huge variety of new and complex financial instruments. And these products, such as asset-based securities,were designed to spread risk, but unfortunately ended up concentrating risk. An absence of oversight engendered systematic, and systemic, abuse. Instead of reducing risk, the markets actually magnified risks that were being taken by ordinary families and large firms alike. The results were the bursting of a debt-based bubble, the failure of several of the world's largest financial institutions, the deterioration of the economy, the unprecedented intervention of the federal government. So the U.S. administration proposed a financial regulatory reform. And the U.S. Senate and the House of Representatives passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. The highlights of the Dodd-Frank Act are as follows; Dodd-Frank Act creates a new independent watchdog, Consumer Financial Protection Bureau,with the authority to ensure American consumers to get the clear, accurate information in relation to the financial transactions. It will end too big to fail bailouts by creating a safe way to liquidate failed financial firms, and establishing rigorous standards and supervision to protect the economy and American consumers. Dodd-Frank Act creates tcan consumersStability Oversight Cousuml to identify and address systemic risks posed by large,complex companies before they threates tcanstability of the economy. It elimcontes loopholes tcat allow risky and abusive practices to go on unnoticed and unregulated, including loopholes for over-the-counter derivatives, hedge funds, etc. It provides tough new rules for transparency and accountability for credit rating agencies.
참고문헌 (32)
- 강종만, "세계적 금융위기와 실물경제 및 금융업의 재편", 주간금융브리프, 17(47) (2008), 한국금융연구원
- 구정한, "외환보유액과 원화의 위상", 주간금융브리프, 18(13) (2009), 한국금융연구원
- 김자봉, "미 재무부 건전성 규제방안(White Paper)의 주요 시사점", 주간금융브리프, 18(26) (2009), 한국금융연구원
- 대외경제정책연구원, "미국 금융규제개혁의 주요 방향과 전망", 지역경제포커스, (09-40) (2009)
- 은행권 사외이사제도 개선방안, "이병윤", 한국금융연구원, ~ (2009)
- 한국개발연구원, "금융소비자 보호에 관한 법률(토론회 자료)" (2010)
- 한국금융연구원, "금융회사의 지배구조개선 기본방향(공청회자료)" (2010)
- 한국금융연구원, "오바마 행정부의 금융시장 감독체계 개혁방안 및 향후과제", 주간금융브리프, 18(25) (2009)
- 한국금융연구원, "미국의 장외파생상품거래 감독규제 방안확정", 주간금융브리프, 18(32) (2009)
- 금융선진화를 위한 비전 및 정책 과제, "한국금융연구원", ~ (2010)
- Robert W. Hamilton, "The Law of Corporation" (2000), West Group
- Burgman, "Corporate Directors, Corporate Realities and Deliberative Process: An Analysis of Trans Union Case", The Journal of Corporation Law, 11, pp.311~ (1986)
- Joel Seligman, "Corporations (Cases and Materials)" (1995), Little, Brown and Company
- Joseph Lanzkron, "The Hedge Fund Holdup: The SEC's Repeated Unnecessary Attacks on the Hedge Fund Industry", Brook. L. Rev., 73, pp.1509~ (2008)
- Kathleen C. Engel, "Turning A Blind Eye: Wall Street Finance of Predatory Lending", Fordham L. Rev., 75, pp.2039~ (2007)
- Mark C. Kanaly, "Hard Times For Banks: Will Bank Directors Face Personal Liability?", Banking L.J., 126, pp.99~ (2009)
- Michael E. Stone, "Pernicious Problems of Housing Finance, in A Right to Housing: Foundation for a New Social Agenda", 82~ (2006)
- "Mortgage Bankers Association, Residential Mortgage Origination Channels", ~ (2006)
- R. Christopher Whalen, "The Subprime Crisis - Cause, Effect and Consequences", J. Affordable Housing & Comm. Dev. L., 17, pp.219~ (2008)
- Stephen F. Funk, "Recent Developments In Delaware Corporate Law: In Re Caremark", Del. J. Corp. L., 22, pp.311~ (1997)
- OECD, "Corporate Governance Lessons from the Financial Crisis, 2009. 2.; CG and the Financial Crisis: Key Findings and Main Messages", ~ (2009)
- "Brief Summary of the Dodd-Frank Wall Street Reform and Consumer Protection Act"[URL]
- "Financial Regulatory Reform: A New Foundation -Rebuilding Financial Supervision and Regulation"[URL]
- "Foreclosures Hit All-Time High"[URL]
- "Bailout Will Lead to Rough Economic Ride"[URL]
- Mortgage Bankers Ass'n, Delinquencies and Foreclosures Increase in Latest MBA National Delinquency Survey, "Press Release", ~ (2008)
- U.S. Census Bureau News, Census Bureau Reports on Residential Vacancies and Home Ownership, "Press Release", ~ (2008)
- David M. Herszenhorn, "Goes to Congress - Treasury Would Face Few Restrictions on Buying Bad Debt, N.Y. Times", A1~ (2008)
- Liz Rappaport, "Insurers Inflict Further Pain on the Market - Big Banks May See More Write-Downs; Munis Feel Pinched", Wall St. J., pp.B1~ (2008)
- Landon Thomas Jr., "Swinging Optimism and Dread on Wall Street, N.Y. Times", C1~ (2008)
- Andrew Ross Sorkin, "Merrill is Sold - Failing to Find Buyer, Lehman Bros. is Set to Wind Down, N.Y. Times", A1~ (2008)
- Stephen Labaton, "Dow Drops 4.4%, Officials Try to Stem Crisis - Concern on Big Insurer, N.Y. Times", A1~ (2008)