UPDATE: US Comptroller: Non-Bank Rule Exemption 'Premature'
October 26 2009 - 3:20PM
Dow Jones News
The Comptroller of the Currency said Monday that it is
"premature" for non-bank financial entities to expect an exemption
from proposed new safeguards governing capital requirements.
John Dugan also offered broad support for proposed legislation
aimed at overseeing institutions deemed "too big to fail," though
he said changes are required to balance equity and creditor losses
with appropriate government oversight.
He made his comments to reporters before a speech to the
American Bankers' Association in Chicago.
Large companies with substantial non-bank financial arms,
notably General Electric Co. (GE), have lobbied hard to secure
exemptions from some of the proposed rules, which could require
them to hold more capital or possibly even force them to shed their
financial units.
GE executives have said they are confident that GE's ownership
of its GE Capital financing arm will be "grandfathered" under any
new regulations, meaning it wouldn't be required to shed the
unit.
"We are opposed to a forced separation," GE Capital spokesman
Russell Wilkerson said in an interview Monday.
He said GE's confidence regarding the issue stems in part from
supportive comments from a number of top government officials--such
as U.S. Rep. Barney Frank, D-Mass., the influential chairman of the
House Financial Services Committee--over the past few months. He
also said lawmakers recognize that non-bank lenders didn't cause
the financial crisis and are an important source of capital for the
economy.
Still, Dugan said Monday that the government needs to have
"tools" to monitor the impact on the financial system of bank and
non-bank entities.
"I think it's premature to predict how Congress is going to end
up on any of these issues," Dugan said.
GE's Wilkerson said that, aside from forced separation, GE isn't
necessarily opposed to new regulations and is taking a wait-and-see
approach to proposals.
"We know that more regulation is coming," Wilkerson said. "We
support regulation [and] we understand the need for it."
Dugan reiterated that he is against any absolute caps on the
size of companies that would be subject to new capital rules,
citing the need for critical mass in some sectors as well as the
wish to avoid deterring overseas companies operating in the
U.S.
In his remarks, Dugan was expected to note that, while there
were early signs of an improvement in the retail lending
environment, events on the commercial side were deteriorating. He
has in the past expressed particular concern about the commercial
real estate sector.
New rules governing work-outs in soured commercial property
deals are "imminent," he said, and would contain "specific and
concrete" examples to assist resolution.
-By Doug Cameron, Dow Jones Newswires; 312-750-4135;
doug.cameron@dowjones.com
(Bob Sechler contributed to this article.)