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Banks aim to reshape U.S. capital rules under Trump
administration
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Executives seek weaker Basel Endgame and reduced capital
surcharge
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Goldman Sachs ( GS ) CEO expects new approach to capital rules
By Pete Schroeder
WASHINGTON, Jan 17 (Reuters) - Emboldened by a
friendlier incoming Trump administration and their success last
year in weakening draft capital hikes, big U.S. banks plan to
push to overhaul other U.S. capital rules, according to industry
executives.
Among the industry's goals are to lock in a much weaker version
of the "Basel Endgame" capital rule, reduce a capital surcharge
levied on global banks, re-work a key leverage constraint, and
overhaul the Federal Reserve's annual "stress tests" which
assess whether a bank could withstand an economic shock, said
three executives with knowledge of the ambitious lobbying plan.
Under President-elect Donald Trump's first term, global U.S.
banks scored some de-regulatory wins, including loosening
trading rules and simplifying the stress tests, but they did not
win a hoped-for comprehensive review of big bank capital rules
implemented following the 2007-2009 global financial crisis.
Those rules aim to prevent another crisis by requiring the
biggest U.S. banks such as JPMorgan Chase ( JPM ), Bank of
America ( BAC ) and Goldman Sachs ( GS ) to sock away nearly $1
trillion combined to absorb potential losses on loans and
trading. Banks say the requirements are excessive and poorly
calibrated, and some of that cash could better serve the economy
by being lent out.
The industry tasted partial victory last year after intense
lobbying succeeded in halving the additional capital banks would
have to hold under the Basel proposal, and prompted the Fed to
review its stress test process.
Buoyed by those wins, and with Trump due to appoint new
industry-friendly officials - including a new Federal Reserve
regulatory chief nearly 18 months earlier than expected - banks
see a unique opportunity to reshape capital rules, the people
said. All three requested anonymity to discuss ongoing
regulatory matters.
Speaking during earnings on Wednesday, David Solomon, CEO of
Goldman Sachs ( GS ) - which lobbied hard to water down Basel - said he
expected the change in administration would lead to a new
approach to capital rules.
"It feels like we're in an environment where there could be a
constructive discussion about improving the transparency,
clarity and consistency around this," he said.
After years of criticism for the financial crisis, large banks
feel they are done apologizing, executives say. They point to
how big banks weathered the COVID-19 pandemic and their role in
stabilizing regional banks during turmoil in 2023 as proof they
are rock solid and do not have to tolerate more onerous rules.
"All we want is a coherent, rational, holistically assessed
regulatory framework that allows a bank to do their job
supporting the economy that isn't reflexively anti-bank,"
JPMorgan's ( JPM ) CFO Jeremy Barnum said during earnings on Wednesday.
"The hope is that we get some of that."
Adding to the industry's confidence is a judiciary more
skeptical of overzealous regulators - in particular a June
Supreme Court ruling overturning a 1984 precedent that had
called for courts to defer to agency interpretations of
ambiguous laws. The Fed cited that evolving legal landscape when
announcing its stress test review.
"The pendulum swings back and forth in terms of who has more
power," said Ed Mills, Washington policy analyst at Raymond
James. "That pendulum has now swung back to the banks. This is a
shift that is about 15 years in the making."
Spokespeople for Bank of America ( BAC ), Goldman Sachs ( GS ), and
JPMorgan ( JPM ) did not provide comment.
In an interview with Reuters, acting Comptroller of the
Currency Michael Hsu, a top bank regulator, said it was
reasonable to question how capital is allocated, but that the
overall amount in the system "is about right."
"On a case-by-case...you turn all the dials down, and then
you zoom out and you say 'uh-oh we've ended up with a much
weaker system'," Hsu warned.
"PRAGMATIC" OVERSIGHT
The industry has for months been laying the groundwork with
Republican regulators who are poised to replace Biden's agency
heads, and will continue to rally support from Republican
lawmakers who narrowly control Congress, the people said.
Banks are currently lobbying to advance a weaker draft of Basel,
which overhauls how they gauge risk. The Fed's regulatory chief
Michael Barr said last year a revised draft would hike capital
around 9% compared with 19% originally, but lenders hope to push
that figure closer to zero, sources said.
Banks broadly agree it is better to lock in a weaker rule
under Trump than have regulators shelve the project and risk a
future Democratic administration reprising a tougher version,
the people said. Speaking at a conference last month, Bank of
America ( BAC ) CEO Brian Moynihan said regulators should finalize Basel
with little impact rather than "leave it open."
Barr also last year proposed changes to a capital surcharge for
U.S. globally systemically important banks, or GSIBs, which
would reduce the $230 billion it forces those lenders to set
aside. But the banks still want several other tweaks that would
further reduce the burden, the people said.
They also want adjustments to the Fed's "supplementary leverage
ratio", which directs banks to hold capital against investments
regardless of their risk, by exempting super-safe assets like
Treasuries or certain deposits from its calculation.
That leverage ratio and the GSIB surcharge have been on banks'
hit list for years, as have the Fed's stress tests. A day after
the Fed said it would review those tests, lenders sued the
central bank to increase the tests' transparency, although they
have said they hope to resolve the issue outside court.
So far, the signs look positive for lenders. Republican Fed
governor Michelle Bowman, a top contender to replace Barr, has
criticized his work and called for "pragmatic" oversight.
Travis Hill, who will become acting Federal Deposit
Insurance Corporation chair next week and is a top candidate for
the role permanently, said last week that the Basel overhaul
should be expanded to include other capital issues.
Spokespeople for the Fed and Federal Deposit Insurance
Corporation declined to comment.