04.25.2012

Preventative Regulation

04.25.2012

2012 was to be the year that the Dodd-Frank Wall Street Reform and Consumer Protection Act finally came to fruition in full. Rules would be clearly defined, procedures implemented and the Volcker Rule would be out of draft form, ready to implement at banks’ proprietary trading desks.

But such is not the case.

Here we are about halfway through the year and the issue is still in turmoil. The Volcker Rule has yet to become absolute and final and yet banks and other financial firms are expected to implement draft procedures by July of 2014. The rules in Dodd-Frank are intentionally broad and vague in order to allow the SEC and CFTC the authority to interject itself when needed.

That has dealt compliance departments at banks, hedge funds and asset management firms headaches the size of the Grand Canyon. Traders and market makers at bulge bracket firms are becoming increasingly overburdened by the rules and restrictions set forth in Dodd-Frank.

“It’s a real pain because everything keeps changing,” said one market maker at a major bank. “They keep everything loosely defined so they can cast a wide net of regulation over everyone. How am I supposed to do my job properly when I have to continuously read up and reeducate myself on new material week by week? It’s ridiculous.”

One of the primary issues at the SEC is the commission’s lack of manpower. The regulator has been given the daunting task of crafting many of Dodd-Frank’s rules and regulations from scratch. Congress has yet to provide the regulator with adequate funding for new hires and technology spends and thus, the agency is nearly a year behind on its rulemaking endeavors.

Profitable market making and propritetary trading operations owned by banks can easily be exempt by moving outside U.S. jurisdiction. Another valid argument is that market making is essential to the capital markets space, especially in less liquid symbols. Take big firms out of the equation and you’ve got a massive issue surrounding liquidity when the SLKs and Merrills of the world go away.

“The problem with the SEC and Dodd-Frank is blanket regulation. They want to cover everything despite the fact they’re unable to handle that sort of responsibility,” said the market maker.

It's been a month since we had our Women In Finance Awards in New York City at the Plaza! Take a look back tab some moments, and nominate for our upcoming awards in Mexico City and Singapore here: https://www.marketsmedia.com/category/events/

4

Citadel Securities told the SEC that trading tokenized equities should remain under existing market rules, a position that drew responses from various crypto industry groups. @ShannyBasar for @MarketsMedia:

SEC Commissioner Mark Uyeda argued that private assets belong in retirement plans, saying diversified alts can improve risk-adjusted returns and that the answer to optimal exposure “is not zero.” @ShannyBasar reporting for @MarketsMedia:

COO of the Year Award winner! 🏆
Discover how Jennifer Kaiser of Marex earned the 2025 Women in Finance COO of the Year recognition.

Load More

Related articles

  1. The ETF platform was introduced in 2023 with six strategies.

  2. Cybersecurity is Top of Mind for FinServ

    The statement is an interim step while the SEC continues to consider the issues.

  3. Expanding membership is an OCC priority for capital efficiency, risk reduction and operational simplicity.

  4. The technology harnesses data to provide faster, more customizable insights and distribution.

  5. The fund will focus on the small and mid-market.