Thursday, September 30, 2010

At Hearing, a Dispute Over Banking Provision in Reform Law

COMMERCIAL LAW
WASHINGTON — The unity of regulators who have to put the Dodd-Frank financial reform law into effect was put to the test at a Congressional hearing Thursday as squabbling emerged over a provision affecting lenders.

The disagreement involved a measure requiring lenders to keep at least 5 % of the credit risk when they bundle and sell debt.

Before the housing market collapsed in 2007, many mortgage originators made reckless loans, in part because they were able to quickly sell them to other investors to lay off the risk. The new law required regulators to change that.

So on Monday, the board of the Federal Deposit Insurance Corporation voted 4 to 1 to approve a rule that makes “risk retention” by banks a condition for any bank that wants protection under new accounting rules if the bank were to fail.

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