The UK
Independent Commission on Banking, the Vickers Commission, recently proposed a sweeping
structural change for organizations engaged in commercial banking. In essence,
within a single organization the range of ordinary banking operations, such as
deposit taking, lending, and payments, would be segregated in a retail bank,
which would be overseen by its own independent board of directors and ring
fenced to greatly reduce relations with the rest of the organization. While
proprietary trading and investments in hedge funds would not be prohibited,
these activities would be outside the ring-fence and thus isolated from retail
banking.
The UK Government
is committed to passing legislation requiring banks to implement the ring-fence
in this Parliament. Recently, the Government introduced legislation mandating a robust ring fence,
separating investment banking and related activities from more traditional personal
and business lending. Under the draft financial services bill, the ring-fenced
banks must be genuinely independent from other parts of the group.
Section
619 of the Dodd-Frank Act codifies the Volcker Rule and prohibits banking
entities from engaging in proprietary trading of any security, derivative, and
certain other financial instruments for the entity’s own account and owning,
sponsoring, or having certain relationships with a hedge fund or private equity
fund.
Former
Fed Chair Paul Volcker has mentioned that efforts to harmonize the Volcker Rule
internationally have been impressive and that considerable progress has been
made. The UK
is a particularly important jurisdiction in this regard, said the former Fed official,
especially mentioning the proposals of the Vickers Commission to ring-fence
proprietary trading and relationships with hedge funds.