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The complexity of the Volcker Rule means that it will be nearly impossible for banks to comply with its requirements within set time framesand regulators risk wasting a lot of time trying to enforce the unenforceable.
October 1 -
Banks have never before had to establish policies and procedures at the granular level required under the new Volcker Rule. Doing so in a timely manner will be a challenge for most banks. For some, it will be impossible.
October 16 -
The Volcker Rule's data-intensive requirements are creating headaches for banks that still rely on manual processes and use multiple, disparate systems for securities and different derivatives trading.
October 23 -
Banks are hiring armies of lawyers, accountants, compliance consultants and IT vendors as they prepare to comply with the Volcker Rule. Ironically, their attempts to fortify themselves with outsourced knowledge could expose them to more operational risk.
November 4 -
Many foreign banks are confused about how the Volcker Rule applies to them and whether they are required to establish compliance programs for it in the first place.
November 12 -
A number of Dodd-Frank and Basel III regulations will impact banks' investments in the CLO market, but the Volcker Rule poses unique challenges.
November 18 -
Almost a year after the Volcker Rule was finalized, banks still have questions about which regulators are taking the lead on the rule and how the supervisory and enforcement process will work.
December 4
This is the second article in an eight-part
Banks' ability to comply with the
Until regulators finalized the
While many banks are experiencing difficulty in complying with the Volcker Rule, it is not because senior management is resistant to it. In fact, most of the bankers I have met express a strong desire to comply with the Volcker Rule, if for no other reason than to "keep regulators off their backs." The real problem is that while the Volcker Rule has been in the works since 2009, the final rule is new to professionals at both banks and regulatory agencies. Everyone involved faces a steep learning curve.
The Volcker Rule is comprised of extremely data-intensive requirements that banks must meet in order to qualify for underwriting, market-making and hedging exemptions. Since banks never before had to explain whether a trade was for proprietary trading or for market-making, they never had to collect data to justify their transactions.
Under the Volcker Rule, senior managers must create projects that enable them to collect high-quality and reliable data in a consistent manner. Banks that fail to prove the purpose of a derivatives or security trade would be required to divest prohibited trades, which could in turn adversely impact earnings. But many banks are struggling to recreate a historical record of all the products that they have traded in order to come up with a framework that meets regulatory demands.
Another significant human resources challenge is that banks need legal, compliance, regulatory, auditing and technology experts among senior management and business line managers who understand both the nuances of the Volcker Rule and how the rule interacts with the major Dodd-Frank rules and the new Basel
As one compliance officer I know put it, "Anti-money
Senior management faces the additional challenge of deciding how many securities and derivatives desks they want to continue to implement their current business strategy while complying with the Volcker Rule. Senior managers boast about how their banks have created tons of subsidiaries and desks to suit their tax, capital and business needs. In the same breath, they complain that their subsidiary and desk structures make it difficult to comply with the Volcker Rule. My advice is that these banks take steps to simplify themselves. This would help them meet the data demands of the Volcker Rule and make writing credible living wills much easier.
The silo mentality that reigns at large banks also leads to weak operational risk management and makes Volcker Rule compliance difficult. I repeatedly hear that professionals in lending, asset management, securities and derivatives often do not share information with colleagues at their own firm even when a firm-wide risk management effort asks them to do so. This makes it difficult for senior management to determine what strategic changes are necessary to create credible Volcker Rule compliance programs. The silo mentality is also a huge headache for the IT professionals charged with making substantial changes to existing systems so that banks can spot compliance risks in real time and promptly report metrics to multiple regulators.
The capacity of banks' compliance and audit teams is improving. But as those professionals gain experience navigating multiple new regulations, they are poised to be
What has yet to improve is how traders treat these "pesky cost centers." This dismissive attitude toward compliance professionals and auditors prevalent among boards of directors and senior management, not to mention traders desperately needs to change. Until people at all levels understand that these teams are essential to the entire bank, middle- and back-office professionals will continue to be hindered in meeting the Volcker Rule.
Next in the series: Developing processes to comply with the Volcker Rule.
Mayra Rodríguez Valladares is managing principal at