Wall Street has long derided the Volcker Rule, complaining it’s so complex that traders would need to be psychoanalyzed to comply.
Now, banks are poised for a break, as authorities overhaul the fine print. Still it’s not exactly what traders wanted: A return to the golden era before 2008, when they could make big, bonus-boosting bets with their companies’ money.
After the Federal Reserve and other agencies proposed changes Wednesday to the Volcker Rule, analysts and former regulators rolled out their predictions on the impact. It will probably make compliance cheaper and easier for many firms, especially the smallest. But the revised regime won’t significantly ease a ban on risky trading or expand the activities allowed -- at least for now. Regulators hinted that more changes may yet come.
“It’s a recognition of how complicated and burdensome complying with the rule has been,” said Mike Alix, a former Fed official who’s now a partner at PricewaterhouseCoopers. The idea is to overhaul but not undermine the measure, he said. It’s “more of an attempt at clarification rather than relaxation.”
The biggest win for Wall Street was eliminating part of the rule long ridiculed by bank leaders including JPMorgan Chase & Co. Chief Executive Jamie Dimon. In 2012, he singled out what’s known as the intent test -- a requirement that trades be done to help clients, not to bet the bank’s money on market moves. Every trader would need to be flanked by a lawyer and a psychologist to comply, Dimon quipped.
New Threshold
The new proposal would instead start by focusing on whether the bank has labeled the security a trading asset on its balance sheet. Firms have long had to make such determinations for their books kept under U.S. Generally Accepted Accounting Principles.
Yet that replacement would likely expand the rule’s reach to more securities. So to limit the impact, the new test would only apply to trading desks that accumulate more than $25 million in losses and profits in a three-month period. Big banks will still find themselves crossing that threshold. Goldman Sachs Group Inc., for example, made $200 million in one day in February when volatility in markets spiked, CNBC reported last week.
The main benefit is that it’s based on accounting standards banks are already using anyway, said Jai Massari, a partner at law firm Davis Polk & Wardwell LLP.
“Is it a better test? Maybe,” she said. “The original version was too hard to do.”
Giving Leeway
The proposal also seeks to address another complaint by banks: The Volcker Rule originally prescribed complex calculations for demonstrating that client demand is the driving force for a firm’s inventory. Banks argued the math relied too much on historical data and didn’t allow for changes in market conditions.